2020-06-25_REVISION - C1981035 (53)

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CO STATE OFFICE C()Sn 9A p p�� 4 (a) Cultural Resources. (1)Before beginning any surface disturbing actfSi1i�s�fit l4QbasP(MlaJAJ4l0ssee shall conduct a cultural resource intensive field inventory on those portions of the mine plan area and adjacent areas,or exploration plan area,which may be adversely affected by lease-related activities and which were not previously inventoried at such a level of intensity. The inventory shall be conducted by a qualified professional cultural resource specialist(i.e.,archaeologist or historian,as appropriate)approved by the authorized officer of the Bureau of Land Management(BLM)and shall be conducted in the manner that the authorized officer specifies. (2)Lessee shall submit an inventory report, including recommendations for protecting any significant cultural resources,to the Regional Director,Western Regional Coordinating Center,Office of Surface Mining Reclamation&Enforcement(OSMRE),and the BLM authorized officer, Lessee shall not begin surface disturbing activities until permission to proceed is given by the appropriate authorized officer. (3)Lessee shall protect all known cultural resource properties within the lease area from lease-related activities until cultural resources avoidance or mitigation measures can be implemented as part of an approved exploration plan or an approved mining and exploration plan. (4)The cost of conducting the inventory,preparing reports,and carrying out mitigation measures shall be borne by the lessee. (5)If cultural resources are discovered during operations under the lease,lessee shall immediately notify the authorized officer of the BLM or OSMRE. Lessee shall not disturb such discovered resources except as subsequently authorized. Within two(2) working days of notification,the authorized officer will evaluate,or have evaluated,any cultural resources discovered and will determine if any action may be required to protect or preserve such discoveries. Cost of data recovery for cultural resources discovered during lease operations shall be borne by the surface managing agency unless otherwise specified by the BLM authorized officer. (6)All cultural resources discovered shall remain under the jurisdiction of the United States until ownership is determined under applicable law. (b)Paleontological Resources. (1)Before beginning surface disturbing activities on the leased lands, lessee shall contact the BLM authorized officer to determine whether lessee will be required to conduct a paleontological appraisal of lease areas that may be adversely affected by lease-related activities. Any paleontological appraisal required shall be conducted by a qualified paleontologist approved by the BLM authorized officer and in the manner the authorized officer specifies. (2)Lessee shall submit an appraisal report, including recommendations for protecting any larger and more conspicuous fossils of significant scientific interest identified on the leased lands to the BLM authorized officer. (3)If vertebrate fossil resources are encountered during underground mining,activities shall be halted and the BLM notified of the occurrence immediately. A BLM approved paleontologist would then visit the site and make site-specific recommendations for impact avoidance. Operations in the area of the discovery would not resume until authorization to proceed has been received from the BLM Authorized Officer. (4)Lessee shall not knowingly disturb,alter,destroy,or take any larger and more conspicuous fossils of significant scientific interest and shall protect all such fossils in conformance with the measures included in the approved mining and reclamation plan or exploration plan. (5)These conditions apply to all such fossils of significant scientific interest discovered within the leased lands,whether discovered in the overburden, interburden,or coal seam or seams. (6)All fossils of significant scientific interest shall remain under the jurisdiction of the United States until ownership is determined under applicable law. (7)The cost of any required recovery of such fossils shall be borne by the United States. Copies of all paleontological resource data shall be provided to the Regional Director, OSMRE. (c)Resource Recovery and Protection. (1)Notwithstanding the approval of a resource recovery and protection plan(R2P2)by the BLM, lessor reserves the right to seek damages against the operator/lessee in the event(i) the operator/lessee fails to achieve maximum