2006-06-15_PERMIT FILE - C1981035A (10)

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COMPETITIVE COAL LEASE COC 62920 • Special Stipulations Sec. 15. (a) Cultural Resources. (1) Before beginning any surface disturbing activities on the leased lands, lessee shall conduct a cultural resource intensive field inventory on those portions of the mine plan azea and adjacent areas, or exploration plan area, which may be adversely affected bylease-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 drat the authorized officer specifies. (2) Lessee shall submit an inventory report, including recommendations for protecting any significant culural resources, to the Regional Director, Western Regional Coordinating Center, Office of Surface Mining Reclamation & Enforcement (OSMRE), and the BLM authorized officer. Lessee shall no[ begin surface disturbing activities unfll permission to proceed is given by the appropriate authorized officer. (3) Lessee shall protect all l~tovvtrcultural resource properties within the lease area from lease-related activities until cultural resources avoidance or mitigation measures cart be implemented as pazt of an approved exploration plan or an approved mining and exploration plan. (4) The cost of conducfing the inventory, prepazing reports, and carrying out mitigarion measures shall be borne by the lessee. (5) If cultural resources aze 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 snbsequently 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 idenflfied on the leased lands to the BLM authorized officer,3 ,-; C..i (3) If any such fossils are discovered during operations under this lease, lessee shall immediately notify the . - Regional Dtrec[oi, OSMRE. Operations may continue as long as the fossil specimen(s) would not be seriously ~~ .- damaged or destroyed by the activity. Within five (5) working days of notification, the Regional Director, OSMRE, - shall evaluate or have evaluated such discoveries and shall notify the lessee what action shall be taken with respect to such discoveries. _.,, (4) Lessee shall not ]rnowingly disturb, alter, destroy, or take any lazger and more conspicuous fossils of significant scientific interest and shall protect all such fossils in conformance with the measures included in dt~-o ' approved mining and reclamation plan or exploration plan. {5) These conditions apply to all such fossils of significant scientific interest discovered within dte leased ;~ lands, whether discovered in the overburden, interburden, or coal seam or seams.