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An "Unanticipated Discovery' stipulation will be included in the permit and mining plan <br />approvals. The discovery stipulation includes consideration of discovered human remains. <br />If a previously unidentified cultural resource(s) is discovered in an area that will be affected <br />by mining or mining related activities the company shall take measures to protect the cultural <br />property, document the discovery and provide written notice to CDRMS and OSM within 48 <br />hours. CDRMS and OSM shall consult with the SHPO on eligibility and effect and to <br />determine appropriate measures necessary to mitigate effects of the potential impacts upon <br />the historic properties(s). Consultations will include the federal land management agency(s) <br />and others as necessary. Should the discovery involve burial or a potential Traditional <br />Cultural Property (TCP), the affected tribe(s) will be notified and consulted with as <br />appropriate. When agreement is reached between the parties, the appropriate mitigation <br />measures, if necessary, will be implemented. The cost of activities will be borne by the <br />company. <br />We seek your concurrence with our recommendations of eligibility as presented in the Mariah <br />_ _20.0- 6_report,_aswell_as, -sites previously _ reviewed_ and_ evaluated_ b_ y your _office._Additionally,_we <br />believe that a "No Effect" finding is in order given the proposed permit stipulations and the <br />assurance by Colowyo Coal Company that all sites recommended and /or found eligible for <br />nomination to the National Register of Historic Places and those needing further information will <br />be avoided. <br />Should you have any questions please contact me at 303 - 293 -5039 or tl,-,irby@os=e.gov. <br />Th k y u for your assistance, <br />a )er K1rby, Archaeologist <br />Program Support Division <br />Field Operations Branch <br />Office Surface Mining, Western Region, Denver <br />1. <br />