Laserfiche WebLink
n <br />days thueof, Lessce shall remove from the premises all othu strucnues, <br />machinery, equipment, tools, and materials that it elects to or as requited by <br />the authorized officer. any such stmcnnes, machinery, equipment, tools, and <br />maurials remaining on the leazed lands beyond 180 days, or approved <br />exunsion thereof, shall become the property of the Lessor, but Lessee shall <br />eiffie: remove aay or all such property or shall continue m be Roble 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 shall waive the requirement <br />for removal, provided the third parties do not objeU m such waive. Lessee <br />shall, prior to the termination of bond liability or at any othu 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 wazk, repair the offsik and onsiu damage caused by I-essee's activity <br />or activities incidental thereto, and reclaim access mods or trails. <br />are discovered during lease operations, the lessee shall immediately notify <br />the Uncompahgre Field Office Manage or the Paonia District Range and <br />shall not disturb such items ar features until the Urtcompahgre Field <br />Office Manage issues instmcfions. If the lessee is ordered [o take <br />measures m proteu any items or features of historical, cultural or <br />archaeological 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 mdu the jurisdiction of the Unied Staus. <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 m this lean area are un-inventoried cultural resource sins <br />associated with rock ovuhangs aad escarpments. <br />Sec. 11. PROCEEDINGS IN CASE OF DEFAULT - )f Lessee fails m <br />comply with applicable laws, existing regulations, or the terms, conditions <br />and s[ipuladons of this lean, and the noncompliance wnRnues for 30 days <br />after written notice thereof. this lease shall be subject to eanceRaRon by the <br />Lessor only byjudidal proceedings. Thisprovision shall notbeconstruedm <br />prevem die exerciu by Lessor of any othu legal and equitable remedy, <br />including waivuoftbe default Any such remedy orwaivushaR not prevent <br />later cancellation for the same default oceursing at any othu time. <br />Sec. 12. 11F1RS AND SUCCESSORS - Bq-INTEREST- Earh obligation of <br />this lean shag extend to andbe binding upon, and every benefit hereof shag <br />insure to, the heirs, executors, administrators, successors, 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 aR claims arising out ofthe Lessee's activities <br />and.operafioas under this lease. <br />Sec. I4. SPECIAL STATUTES -This lean is subjeu m the Federal Water <br />Pollution Control Act (33 U.S.C.1151-1175); the Clean AfrAct (42 U.S.C. <br />1857 et se~J, end to all othu applicabk laws pertaining to exploration <br />activities, adnittg operations and reclamation, including Ore Surface Mining <br />Control and Reclamadon Act of 1977 (30 U.S.C. 1201 et seg.) <br />Sec. 15. SPECTAI. STIPULATIONS - (a) Cultural and Paleontological <br />Resources. Prior m any surface disturbing activities, including subsidence, <br />the lessee shall conduct a cultural resources survey and paleontological <br />assessment of all previously ttnsurveyed areaz that will be directly <br />impacted by operadons under this lease. The survry shall be ao intensive <br />field inventory of cultural, historical, and archaeological values, including, <br />bnt not limited to, eny and all objects of antiquity, historic or prehistoric <br />ntins and artifacts, or other specimens of scientific interest. ff the <br />paleontological a«~nt demonstrates a need for a sin specific <br />invenory, this survry will also be performed. <br />(1) Surveys shall be rnndutxed by a qualified professional cultural or <br />paleontological resources specialist approved in advance by the surface <br />managemwt agency or the. A report on the survey and recommendations <br />for protecting any identified cultural or paleonmlogit~l resources shall be <br />submitud to the Uncompahgre Field Office Manage or the Paonia <br />District Ranger. Auer review and approval of the report, surface <br />disturbing opuations may be furtbu conditioned with the imposition of <br />additional stipulations for prouction of the identified culturel or <br />paleontological resources. <br />(2) The cost of the cultural or paleontological resources survey, the report, <br />and any measura m protect cultural or paleontological raources <br />identified thereby shall be borne by the lessee. All identified items shag <br />remain the property of the appropriaze surface ownu, but the United <br />States reserves its right and obligation under applicable law [o take action <br />necessary to protect, preserve, or acquire such items. <br />(3) If any iums or features of historical, cultural or archaeological value:-~ <br />1 G zf t._ _ _.., <br />(4) The lessee/operakr is required to take meazures to ensure that <br />Dove Cave h protected firm the negative effects of subsidence, and that <br />it's swctural inkgriry is maintained. <br />(b) Threakned end Endaneued Stucies. (1) If there is reason to believe <br />that Threatened or Endangered, 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 conduct an intensive field inventory of the <br />area m be disturbed and/or impacted. The invenory shall be cortducted by <br />a qualified spedalist and a report of findings will be prepared. A plan will <br />be prepared making recommendations for the prouetion of these species <br />or actor necessary to mitigate the disturbance. The cost of conducting <br />the inventory, preparing reports and carrying out mitigating measures shall <br />be home by the lesxe. <br />(2) Bid. (A) To protect and preserve breeding and nesting habitat for the <br />Loggedtrad shrike, and other Neo-tropical birds, including raptors, the <br />following shall apply: <br />I. A 1/8 mile buffo zone (660 R) will be protected on either side of <br />riparian zones. <br />2. No surface disturbances, except surface subsidence, will be permitted <br />within these buffer zones, unless no pracRcal alternatives exist. <br />3. All unavoidable surface disturbances will require approval of the <br />BIM's AO. The BLM will coordinate with the FWS and/or the CDOW <br />to detemtine the type and extent of allowable variances. A sin specific <br />analysis will determine if this stipulation will apply. <br />(c) Wildlife. (1) Rarnors. (A) With respect m bald o[ golden eagle nests <br />which may be established on the Iran Point tract doting the Rfe of the <br />project, the following shall apply: <br />(i) No new permanent surface facilities or disturbances shall be located <br />within a w mile radius buffer zone around each bald or golden eagle nest <br />sin. <br />(R) No above ground activities will be allowed within a'h mile radius <br />buffer zone around each active eagle nest sik from November 15 to July <br />30 for bald eagles, and around each active golden eagle nest site from <br />Febmary 1 to July 15. Any proposed surface facilides, dis[urbaoces or <br />activities in, or adjacent m, then buffo zones wID requre approval from <br />the BLM on asite-specific bazis, aftu consultation with the USFWS. <br />(B) With aspect to bald eagle winkr roost sites or concentrafion areas <br />which may become esmblished on the Iron Point tract doting 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 />wintu roosts between November 15 and March 15; development may be <br />pe;mitkd at other periods. If periodic visits aze required within the buffer <br />::~C <br />~J'- -, -. <br />