2016-04-26_REVISION - C1982056 - Laserfiche WebLink

Home Browse Search

(a) Whether the materials appe-ar eligible for the National Res ister of Historic Places; (b) The mitigation measures the lessee will likely have to undertake before the identifed area can be used for project activities zgam; and (c) Pursuant to 43 CFR 10.4(y) (Federal Rejsier Notice, Monday, December 4, 1995, Vol. 60, No. :32) the holder of this au'horizaiion must notify the AO, by telephone a 970-140-5300, imd with written confirmation, immediately upon the discovery of human remains, funerary items, sacred objects, or oblea4 of cultural patrimony. (d) Further, pursuant to 43 CFR 10.4(c) and (d), you mu't stop ac:ivitics in the vicinity of the discovery and prot, ct it for 30 days o, until notified to proceed by the AO. (2) PALEONTOLOGICAL RESOURCES. (1) if paleontological re,ources are discovered during exploration operations under alis lease, lessee shall immediately notify the Uncompahgre Field Office Manager and shall not disturb such discovered resources until the Uncompahgre Field Office Manager issues specific instructions. (a) Within 5 working days after notification, the Uncompahy re Field Office Manager shall evaluate any cultural resources discovered and shill determine whethrr any action may be required to protect of to preserve such discoveries. (b) The cost of data recovery ''',or cultural resources discovered during exploration opera, ions shall be bome by the lessee, if the lessee is ordered to take any protective measures. Ownership of cultural resources discovered shall be determined in accordance with applicable law. (3) RESOURCE RECOVERY AND PROTECTION; (1) Notwithstanding the approvvl of a rc,ouite rs.:ovr-y a,id protection plan (R2P2) by the BLM lessor reserves the r- hi to seek damages again° the operator lessee in the event (i) the operator lessee fails to achieve ma�.mum economic rerovi ry (Ml R) (as deCned at 43 CFR 3480.0-5(21) of the recoverable coal reserves or (ii) the operator lessee is detcrm:ned to have caused a wasting of recoverable coal reserves. Damages shall be measured on the basis of the royalty that would have been payable on the wasted or unrecovered coal. (2) The parties recognize that under an approved R2P2, conditions may require a modification by the operator ,essee of that plan. In the even' a coalbed or portion thereof is not to be mined or is rendered unmineable by the operation, the operator lessee shall submit appropriate justification to obti,in approval by the AO to leave such reserves unmined. Upon approval by the AO, such coalbeds or portions thereof shall not be subject to damages as described above. Further, nothing in this section shall prevent the operator lessee from exercising, its right to relinquish all or portion of the lease as authorized by statute and regulation. (3) In the event the AO determines that the R2P2, as approved, will not attain MER as the result of changed conditions, the AO will give proper notice to the operator lessee as required under applicable regulations The AO will order a modification if necessary, identifying additional reserves to be mined in order to attain MER. Upon a final adm mstranve or ,judicial ruling upholding such an ordered modification, any reserves leR unmmed (wasted) under that plan will be subject to damages as de,cribed in the first para.! raph under this section. (4) Subject to the right to appeal hereinafter set forth, payment ofthe value orthe royalty on such unmined recoverable coal reserve: shall become due and payable upon determination by the AO that the coat reserves have been rends red unmineable or at such time tha the operator lessee has demonstrated an unw Ilmgness to extract the coal. (5) The BLM may enforce this provision either by issuigr a written deciN, on requiring payment of'the MMS demand for such royalties, or by issuing a notice of non-compliance. A decision of notice of non-compliance issued by the le-sor thai pi:yment is due under this stipulation is appealable as allowed by law.