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Permit Number CO-0026, ( ) Page 3 of 7 • ' Sec. LO The lessee shall conduct its operations: a. In accordance with any term of the permit as necessary to pre- vent significant, imminent environmental harm to the health and safety of the public; and b. Utilizing any methods specified as conditions of the permit by the Colorado Mined Land Reclamation Division (CMLRD) and OSM (if any) in approving alternative methods of compliance with the performance standards of the Act, the approved Colorado State Program, and the Federal Lands Program. Sec. 11 The permittee shall provide the names, addresses, and telephone numbers of persons responsible for operations under the permit to whom notices and orders are to be delivered. Sec. 12 The permittee shall comply with the provisions of the Federal Water Pollution Control Act (33 U.S.C. 1151-1175) and the Clean Air Act (42 U.S.C. 7401 et seq.). Sec. 13 During mining operations if a previously unidentified cultural re- sources site is discovered, the operator shall ensure that the site is not disturbed and shall notify the regulatory authority. The operator shall ensure that the resource(s) is properly evaluated according to the National Register of Historic Places eligibility criteria (36 CFR 60.6). Should a resource be determined eligible • for listing in the National Register of Historic Places, the opera- tor shall consult with and obtain the approval of CMLF.D and OSM concerning the development and implementation of mitigation mea- sures as appropriate. Sec. 14 APPEALS - The lessee shall have the right to appeal (a) under 30 CFR 787 from actions or decisions of any official of the Office of Surface Mining; (b) under 43 CFR 3000.4 from an action or decision of any official of the Bureau of Land Management; (c) under 30 CFR 290 from an action, order, ar decision of any official of the Geo- logical Survey; or (d) under applicable regulations from any action or decision of any other official of the Department of the Interior arising in connection with this permit. Sec. 15 SPECIAL STIPULATIONS - In addition to observing the general obliga- tions and standards of performance set out in the current regula- tions, the permittee shall comply with and be bound by the follow- ing special stipulations. The failure or refusal of any of these persons to comply with these stipulations shall be deemed a failure of the permittee to comply with the terms of this permit and the lease. The permittee shall require his agents, contractors and subcontractors involved in activities concerning this permit to in- clude these stipulations in the contracts between and among them. These stipulations may be revised or amended, in writing, by the mutual consent of the grantor and the permittee at any time to ad- • just to changed conditions or to correct an oversight. The grantor may amend these stipulations at any time without the consent of the permittee in order to make them consistent ~,~ith any new =ederal or State statues and the regulations promulgated under authority gr new statutes (the soec'al stipulations are found as attachment one of this permit).