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-6- i~ 30. WITHIN 30 DRYS OF ACCEPTANCE OF APPROVAL OF THE MINE PLAN, THE APPLICANT SHALL ENSURE THAT THEIR CULTURAL RESOURCE CONTRACTOR HAS SUFFICIENTLY DOCUMENTED THE 17 "POTENTIALLY" ELIGIBLE SITES SO THAT OSM MAY SUBMIT A REQUEST FOR ELIGIBILITY OR NON-ELIGIBILITY CONCURRENCE FOR THESE SITES TO THE COLORADO SHPO. THE INITIAL DOCUMENTATION ON TXE ELIGIBILITY TEST_PROGRAM MAY BE IN DRAFT FORM AND CONCERN ITSELF ONLY WITH TXE QUESTION OF ELIGIBILITY. A BRIEF FINAL REPORT ON THE TESTING PROGRAM SHOULb BE SUBMITTED NO LATER THAN 90 DAYS FROh1 ACCEPTANCE OF DEPARTMENTAL APPROVAL OF THE MINE PLAN. 3I. FOLLOWING SHPD REVIEW AND CONCURRENCE WITH THE ELIGIBILITY ASSESSMENTS, OSM WILL PROVIDE WESTERN FUELS I/ITX A LIST OF SITES THAT HAVE BEEN DETERMINED ELIGIBLE. WITHIN 60 DAYS OF RECEIPT OF THIS ELIGIBILITY LIST WESTERN FUELS WILL SUBMIT R SITE-SPECIFIC MITIGATION PLAN FOR THOSE ELIGIBLE SITES FOR REGULATORY APPROVAL. 32. THE OPERATOR SHALL IMPLEMENT THE MITIGATION PROCEDURES SPECIFIC IN STIPULATION 112 IN STRICT ADHERENCE WITH THE OBJECTIVES, METHODS, AND TECHNIQUES SPECIFIED IN THE MITIGATION PROPOSAL APPROVED BY TXE REGULATORY AUTHORITY AND TXE COLORADO SHPO. THE PLAN SHALL BE IMPLEMENTED IN ACCORDANCE WITH PART II OF THE ADVISORY COUNCIL'S "GUIDELINES", AND ANY DEVIATIONS FROM TXE APPROVED PROPOSAL MUST FIRST BE SUBMITTED TO THE REGULATORY AUTHORITY, FOR APPROVAL. A DRAFT REPORT OF THE DATA RECOVERY SHALL BE SUBMITTED FOR REVIEW AND APPROVAL TD THE REGULATORY AUTHORITY AND THE SHPD PRIOR TO RNY SURFACE COAL MINING RND RECLAMATION ACTIVITIES AT OR ADJACENT TO ANY OF TXE ELIGIBLE SITES. 33. UNTIL FINAL ELIGIBILITY CONCURRENCE AND A DETERMINATION OF "NO EFFECT", "ND ADVERSE EFFECT" IS OBTAINED FROM THE COLORADO SHPO NO WORK WILL BE PERMITTED ZN AREAS WHICH MIGHT ENDANGER THE INTEGRITY OF THE FOLLOWING SITES: 5RB854, 855, 856, 860, 906, 907, 921, 1008, 1029, I047, 1051, 1148, 1160, 1170, 1171, 1175, 1176, 232, 491, 858, 859, 903, 922, 1059. ONCE CONCURRENCE IS ACHIEVED, OSM !JILL NOTIFY 41ESTERN FUELS AS TO THOSE AREAS THAT STILL REQUIRE PROTECTION UNTIL MITIGATION OF IMPACTS HAS BEEN COMPLETED. THE BOUNDARIES OF THE ELIGIBLE SITES WILL BE FLAGGED UNDER THE SUPERVISION OF A QUALIFIED ARCHAEOLOGIST. UPON SATISFACTORY COMPLETION AND REVIEW BY THE REGULATORY AUTHORITY RND THE SHPO OF TXE MITIGATION ACTIVITIES, "CLEARAI/CE" FOR THESE PROTECTED SITES C/ILL BE ISSUED. 30. IF, DURING THE COURSE OF MINING OPERATIONS, PREVIOUSLY UNIDENTIFIED CULTURAL P.ESOURCES ARE DISCOVERED, THE APPLICANT SHALL INSURE THAT THE SITE IS NOT DISTURBED RND SHALL NOTIFY THE REGULATORY AUTHORITY. THE OPERATOR SHALL INSURE THAT THE RESOURCE(S) IS PROPERLY EVALUATED IN TERMS OF THE NATIONAL REGISTER OF HISTORIC PLACES ELIGIBILITY CRITEP.IR (36 CFR 60.6). SHOULD R RESOURCE BE DETERMINED ELIGIBLE FOR LISTfNG IN CONSULTATION WITH THE REGULATORY AUTHORITY AND THE SHPO, THE OPERATOR SHALL CONFER WITH RND OBTAIN THEiAPPROVRL OF THE REGULATORY AUTHORITY RND THE COLORADO SHPD, CONCERNING THE DEVELOPh1ENT AND Zh:PLEMENTATION OF MITIGATION MEASUP.ES AS APPROPRIATE.