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-~- 6. Until final eligibility concurrence and a determination of "6o Gffect," "Ao Adverse Effect" are ohtained from the Colorado SH1'0, no wort: will 'oe permitted in areas 'which might endanger the integrity of [he folio.;ing sites: ' SRB854, 855, 856, 860, 906, 907, 9^l, 1008, 1029, 1047, 101, 1148, 1166, 1170, 1171, 1175, 1176, 232, 491, 853, 859, 903, 922, 1059. Once concurrence is achieved OS11 will notify hestern Fuels as to [hose areas ['nat still require protection until mitigation of impacts has b_en r_ompleted. The b,und;ries of the eligible sites will be flagged under the supervision of a qualified archaeologist. Upon satisfactory completion and review by the regulator} authority and the SHPO of the mitigation activities, "clearance" for these protected sites will be issued. 7. If, during the course of mining operations, previously unidentified cultural resources are discovered, the applicant shall insure that [he site is not disturbed and shall notify tl~e regulatory authority. The operator shall insure that the resource(s) +s properly evaluated in terms of [he ;rational Register of Historic Places eligibility criteria (36 CFR 60.6). Should a resource be determined eligible for listing in consultation with the regulatory authority and the SHPO, the operator shall confer with and obtain the approval of the regulatory authority and the Colorado SlIPO, concerning the development and implementation of mitigation measures as appropriate. 8. No sub-area of the refuse disposal area shall be disturbed by mining activities until the applicant has demonstrated to [he regulatory at:thorities' satisfaction that sufficient non-toxic material (<2 ppm extractable seleniur.) is available to comply with Rule 4.10. This sYiould be done by sampling the soil and vegetation and analyzing for selenium. 9. Within 30 days after permit has been granted, tl,c applicant m~~st provide the following information to the regulatory authority: (a) specifications and calculations showing that ditches along the improved section of County Road 65, the minor access roads, and the conveyor maintenance road have been designed to withstand the 10-year 24-hour storm event; (b) demonstrate that the conveyor maintenance road embankment over crossings of tributaries to Red Wash is adequately protected from erosion and fill saturation during a 10-year 24-hour flood event; (c) designs showing that drainage wil: be properly controlled at Station 7+45.93 of the County Road 65; (d) identify the origin of road surfa~'_ng material and whether or not it has oeen shown to be non-toxic and non-acid forming; (e) assure the Rio Blanco County Road Department that there will be no left handed traffic on County Road 78; and (f) show [h a[ the Refuse Area will not be located less than 100 feet fron ~- County Road 78.