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
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