|
n
<br />days thereof, Lessee shall remove from the premises all other stmctures,
<br />machinery, equipment, tools, and materials that it elects m or as requited by
<br />the authorized officer. Any such strucnues, machinery, equipment, tools, and
<br />materials mma+a+~g on the leased lands beyond 180 days, or approved
<br />extension thereof, shall become the property of the Lessor, but Lessee shall
<br />eithe.- remove any or all such property or shall continue m be liable for the
<br />cost of removal and disposal in the amount actually incurred by the Lessor.
<br />If the surface is owned by third parties, Lessor sha0 waive the requirement
<br />forremoval, provided the ihvd parties do not objet to such waiver. Lessee
<br />shall, prim to the termination of bond liability or az any other time when
<br />required and in accordance with all applicable laws and regulations, reclaim
<br />aLL lands the surface of which has been disturbed, dispose of all debris or
<br />solid waste, repair the offsite and onsite damage caused by Lessee's activity
<br />ar activities incidenW thereto, and reclaim access roads or trails.
<br />are discovered during lease operations, the lessee shall immediately notify
<br />the Uncompahgre Field Office Manager or the Paonia District Ranger and
<br />shall not disturb such items or features until the Uncompahgre Field
<br />Office Manager issues instmctions. If the lessee is ordered to take
<br />measures to protect any items or features of hismrical, colonel or
<br />arehaeologiral value discovered during lease operations, the cost of the
<br />measures shall be borne by the lessor and such items and features shall
<br />remain under the jurisdiction of the United States.
<br />The cost of conducting the inventory, preparing the reports and carrying
<br />out mitigating measures shall be home by the lessee. Of particular
<br />concern in this lease area are un-invenroried cultural resource sites
<br />associated with rock overhangs and escazpments.
<br />Sec. 11. PROCEEDINGS IN CASE OF DEFAULT - If Lessce fails m
<br />comply with applicable laws, existing reguhations, or the terms, conditions
<br />and stipulations of this lease, and the noncompliance continues for 30 days
<br />after written notice thereof, this lease shall be subject to cancellation by the
<br />Lessor only byjudidal proceedings. This provision shall aotbeconstruedm
<br />prevent the exercise by Lessor of any other legal and equitable remedy,
<br />including waiver of the default. Any sueSremedy orwaiver shallnmprevent
<br />later cancellation for the saw default occurring az any other time.
<br />Sea 12. HEIRS AND SUCCESSORS - IN-INTEREST- Earh obligation of
<br />this lease shall extend m andbe binding upon, and every benefit hvwf shall
<br />insure to, the heirs, exewmra, admimstramrs, suceatsors, or assigns of the
<br />respective parties hereto.
<br />Sec. 13. INDEMNIFICATION -Lessee shall indemnify and hold harmless
<br />the United States from any and all claims arising out of the Lessee's attvites
<br />andoperatioas tinder this lease.
<br />Sea 14. SPF-CIAf. STATUTES -This lease is subjea ro the Fedasl Water
<br />Po0ution Control Aa (33 U.S.C. 1151-1175); the Clean AvAa (42 U.S.G
<br />1857 e~ Leg.), and [o all other applicable laws pertaining to exploration
<br />activities, mining operations and reclamation, including the Surface Mining
<br />Control and Reclamation Act of 1977 (30 U.S.C. 1201 et sue.)
<br />Sec. 15. SPECIAL-STIPULATIONS - (a) Cultural and Paleontological
<br />Resources. Prior to any surface disturbing activities, including subsidwce,
<br />the lessee shall conduce a cultural resources survey and paleonmlogical
<br />assessment of ell previously unsurveyed areas that will be directly
<br />impacted by operations under this lease. Tbe survry shall be an intensive
<br />field inventory of cultural, historical, and arrtraeologicalvelues, including,
<br />but not limited to, any and all objects of antiquity, historic or prehistoric
<br />ntias and artifacss, or other ~+„~~ of scientific interest If the
<br />paleontological assessment demonstrates a need for a site specific
<br />invrnmry, this survey will also be performed.
<br />(1) Surveys shall be conducted by a qualified professional cultural or
<br />paleontological resources specialist approved in advance by the surface
<br />management agency or tbe. A report on the survey and recommendations
<br />for protectog any identified cultural or paleontological resources shall be
<br />submitted m the Uncompahgre Field Office Manager or the Paonia
<br />Distzia Ranger. After review and approval of the report, surface
<br />disturbing operations may be further conditioned with the imposition of
<br />additional stipulations for protection of the identified cultural or
<br />paleonmlogical resources.
<br />(2) The cost of the cultural or paleontological resources survey, the report,
<br />and any measures to protect cultural or paleontological resources
<br />identified thereby shall be home by the lessee. All identified items shall
<br />remelts the property of the appropriate surface owner, but the United
<br />States reserves its right and obligation under applicable law to take action
<br />necessary to protect, preserve, or acquire such items.
<br />(3) If any items or features of historical, cultural or archi logical, value _I
<br />..
<br />(4) The lesseeloperator isrequired m take measures to ensure that
<br />Dove Cave is protected from the negative effects of subsidence, and that
<br />it's structural integrity is maintained.
<br />(b)llueatened and Endaneered Species. (1) If there is reason m believe
<br />[bat Threatened or Endangefed, or Sensitive (TES) species of plants or
<br />animals. or migratory bird species of high Federal interest occur in the
<br />area, lessee shall be required to conducan intensive 5eld inventory of the
<br />area m be disturbed and/or impacted. The invenmry shall be conduced by
<br />a qualified specialist and a report of findings will be prepared. A plan will
<br />be prepared making recommendations for the protection of these species
<br />oz action necessary to mitigate the disturbance. The cost of conducting
<br />the inventory, Preparing reports and canying out mitigating measures shall
<br />be home by the lessee.
<br />(2) Hirds. (A) To protec and preserve breeding and nesting habitat for the
<br />loggerhead shrike, and other Nw-tropical birds, including raptors, the
<br />following shall apply:
<br />1. A l/8 mile buffer zone (660 ft) will be proteaed oa either side of
<br />riparian zones.
<br />2. No surface disuubances, except surface subsidence, will be permitted
<br />within these buffer zones, unless no practical alternatives exist.
<br />3. All unavoidable surface disturbances will require approval of the
<br />BLM's AO. The BLM wID coordinate with the FWS and/or the CDOW
<br />m determine the type and extent of allowable variances. A site specific
<br />analysis will determine if this stipulation will apply.
<br />(c) Wildli . (1) Ra o (A) With respect to bald or golden eagle nests
<br />which may be established on the Iron Point tract during the life of the
<br />projeu, the following shall apply:
<br />(i) No new permanent surface facilities or disturbances shall be locazed
<br />within a y. mile radius buffer zone around each bald or golden eagle nest
<br />site.
<br />(ii) No above ground activities will be allowed within a'h mile radius
<br />buffer zone around each active eagle nest site from November 15 to July
<br />30 for bald eagles, and around each active golden eagle nest site from
<br />Febmary 1 to July I5. Any proposed surface facilities, disturbances or
<br />activities in, or adjacent to, these buffer zones will require approval from
<br />the BLM on aaite-specific basis, after consultation with the USFWS.
<br />(B) With respect m bald eagle winter roost sites or concentration areas
<br />which may become established on the Iron Point tract during the life of
<br />the project, the following special stipulation shall apply:
<br />(i) No above ground activities will be allowed within a 1/4 mile radius of
<br />winter roosts between November 15 and March I5; development may be
<br />permitted a[ other periods. L`periodic visits aze required within the buffer
<br />:.:cL
<br />-~., ~ - - l-•rl
<br />J'~II_. _:' .l~V
<br />
|