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BLM Conditions of Approval: <br />1. NS is responsible for informing all persons who are associated with the project that they will be <br />subject to prosecution for knowingly disturbing sites or for collecting artifacts. <br />2. If any archaeological materials are discovered as a result of operations under this authorization, <br />activity in the vicinity of the discovery will cease, and the BLM WRFO Archaeologist will be notified <br />immediately. Work may not resume at that location until approved by the Authorized Official (AO). <br />NS will make every effort to protect the site from further impacts including looting, erosion, or other <br />human or natural damage until BLM determines a treatment approach, and the treatment is <br />completed. Unless previously determined in treatment plans or agreements, NLM will evaluate the <br />cultural resources and, in consultation with the State Historic Preservation Office (SHPO), select <br />the appropriate mitigation option within 48 hours of the discovery. NS, under guidance of the BLM, <br />will implement the mitigation in a timely manner. The process will be fully documented in reports, <br />site forms, maps, drawings, and photographs. The BLM will forward documentation to the SHPO <br />for review and concurrence. <br />3. Pursuant to 43 CFR 10.4(g), NS must notify the AO, by telephone and written confirmation, <br />immediately upon discovery of human remains, funerary items, sacred objects, or objects of <br />cultural patrimony. Further, pursuant to 43 CFR 10.4(c) and (d), the operator must stop activities in <br />the vicinity of the discovery and protect it for 30 days or until notified to proceed by the AO. <br />4. NS is responsible for informing all persons who are associated with the project operations they will <br />subject to prosecution for disturbing or collecting vertebrate or other scientifically -important fossils, <br />collecting large amounts of petrified wood over 215 lbs./day, up to 250 lbs./year) or collecting <br />fossils for commercial purposes on public lands. <br />5. If any paleontological resources are discovered as a result of operations under this authorization, <br />NS or any of his agents must stop work immediately at that site, immediately contact the BLM <br />Paleontology Coordinator, and make every effort to protect the site from further impacts, including <br />looting, erosion, or other human or natural damage. Work may not resume at that location until <br />approved by the AO. The BLM or designated paleontologist will evaluate the discovery and take <br />action to protect or remove the resource within 10 working days. Within 10 days, the operator will <br />be allowed to continue construction through the site, or will be given the choice of either (a) <br />following the Paleontology Coordinator's instructions for stabilizing the fossil resource in place and <br />avoiding further disturbance to the fossil resource, or (b) following the Paleontology Coordinator's <br />instructions for mitigating impacts to the fossil resource prior to continuing construction through the <br />project area. <br />6. Notify our (BLM) office at a minimum of 24 hours prior to the commencement of construction, <br />drilling and reclamation activities. <br />7. All activities shall comply with NS's approved reclamation and Mine Plan. In the event the surface <br />pipeline impedes livestock movement through the area NS will be required to implement provisions <br />to allow adequate livestock access under or over the pipeline at appropriate location(s). <br />8. All construction activity for the Proposed Action must occur outside of the cultural resource <br />protection buffer to ensure no direct or indirect adverse effects occur to the property. Periodic <br />monitoring of the site by the BLM WRFO archaeologist will occur to determine if the site is being <br />adversely impacted because of the proposed operations. If any adverse impacts are noted at the <br />time of monitoring, additional mitigation may be taken to protect the site. <br />9. Prior to commencement of operations NS shall submit a revision/sundry notice for the original <br />application that contains, at a minimum the following: <br />a. Change location, <br />b. Plat of drilling location <br />c. Construction layout diagrams <br />d. Cut and fill diagrams <br />e. Drilling plan with construction and completion <br />Daub & Associates, Inc. Page 3 of 12 Printed: 4/5/2016 <br />