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iii iiiiiiiiiiiiiiii • • <br />STIPULATIONS <br />1. Peabody Coal Company must submit comments from the Iegal or equitable owner <br />of record of the surface of the proposed permit area regarding the post- <br />mining land use within 60 days after issuance of this permit. <br />2. Seneca Coals, Ltd. must submit a statement insuring that all undisturbed, , <br />nonsurveyed areas in the permit area will remain undisturbed. If pre- <br />viously unplanned surface disturbing activities, not approved as part of <br />this application, are necessary in the unsurveyed areas designated on Exhibit <br />5-1, Seneca Coals, Ltd, must submit a cultural resources survey and descrip- <br />tion of the proposed disturbance for approval prior to the commencement <br />of these activities. If cultural resources are located that are thought <br />to be eligible for the National Register of Historic Places, Seneca Coals, Ltd. <br />wi21 develop a mitigation plan designed in accordance with Stipulation (2) <br />below. <br />3. If, during the course of mining operations, previously unidentified cultural <br />resources are discovered, Seneca Coals, Ltd. shall insure that the site is not <br />disturbed and shall notify the Division. The operator shall insure that the <br />resource is properly evaluated in terms of the National Historic Places <br />eligibility criteria (36 CFR 60.6). Should a resource be determined eligible <br />far listing in consultation with the SHPO, BLM, OSM, and MLRD, the operator shall <br />confer with and obtain the approval of the SHPO, BLM, OSM, and MLRD concerning <br />the development and implementation of mitigation measures as appropriate. <br />9. The operator wi1Z provide, within 30 days of permit issuance, information on <br />the Lennox seam as follows: <br />A) Indicate the outcrop Zine of the Lennox seam on Exhibit 6-9; <br />B) Indicate the cover over the Lennox at intervals along the mining Zine <br />on Exhibit 6-10; <br />C) Indicate the seam thickness of the Lennox at intervals along the <br />mining line on Exhibit 6-11; and <br />D) Correct the difference in Lennox outcrop lines shown on Exhibits <br />6-1 and 6-2. <br />5. Seneca Coals, Ltd. must supply overburden analysis within 60 days after permit <br />issuance for the following parameters for drill holes representatibe of the <br />entire permit area and describe the effect of these analyses upon those already <br />included in the application: <br />A) Total Combustible Solids <br />B) Total Non-Combustible Solids <br />C) Rrsenic (A S) <br />D) Barium (Ba) <br />