GENERAL40362

• Permit No: C1982056
• IBM Index Class Name: General Documents
• Doc Date: 12/2/2004
• Doc Name: Lease Terms & Conditions Readjusted ‎(D-052547)‎
• From: BLM
• To: Twentymile Coal Company
• Permit Index Doc Type: Other Permits
• Media Type: D
• Archive: No

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lessor, but lessee shall either remove any or
all such property or shall continue to be liable
for the cost of removal and disposal in the
amount actually incurred by the lessor. If the
surface is owned by third parties, lessor shall
waive the requirement for removal, provided the
third parties do not object to such waiver.
Lessee shall prior to the termination of bond
liability or at any other time when required and
in accordance with all applicable laws and
regulations, reclaim all lands the surface of
which has been disturbed, dispose of all debris
or solid waste, repair the offsite and onsite
damage caused by lessee's activity or activities
incidental thereto, and reclaim access roads or
trails.
Sec. 11. PROCEEDINGS IN CASE OF DEFAULT - If
lessee fails to comply with applicable laws,
existing regulations, or the terms ,~ conditions
and stipulations of this lease, and the
noncompliance continues for 30 days after
written notice thereof, this lease shall be
subject to cancellation by the lessor only by
judicial proceedings. This provision shall not
be construed to prevent the exercise by lessor
of any other legal and equitable remedy,
including waiver of the default. Any such
remedy or waiver shall not prevent later
cancellation for the same default occurring at
any other time.
Sec. 12. HEIRS AND SUCCESSORS-IN-INTEREST - Each
obligation of this lease shall extend to and be
binding upon, and every benefit hereof shall
inure to the heirs, executors, administrators,
successors, or assigns of the respective parties
hereto.
Sec. 13. INDEMNIFICATION - Lessee shall
indemnify and hold harmless the United States
from any and all claims arising out of the
lessee's activities and operations under this
lease.
Sec. 14. SPECIAL STATUTES - This lease is
subject to the Federal Water Pollution Control
Act (33 U.S.C. 1151-1175), the Clean Air Act (42
U.S.C. 1857 et. seq.), and to all other
applicable laws pertaining tq exploration
activities, mining operations and reclamation,
including the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1201 et.
seq.).
Sec. 15. SPECIAL STIPULATIONS (a) All
stipulations concerning compliance with the
requirements of the Surface Mining Control and
Reclamation Act will be included in the document
approvinq the mining plan.
(b) The lessee shall be required to
mitigate for mule deer, elk, antelope, and
sharp-tail grouse habitat loss where applicable
and the resultant loss or displacement of these
species, as key indicator species, due to
surface coal mining operations. Concurrently
with the filing of its mine plan, the lessee
shall submit for approval to the BLM, a habitat
recovery and replacement plan for protection or
enhancement of mule deer, elk, antelope, and
sage grouse populations affected by habitat loss
or displacement from historic habitat.
The habitat recovery and replacement plan shall
be developed in consultation with the BLM and
the Colorado Division of Wildlife (CDOW) based
on estimates of lost and disturbed habitat as
described in the Green River-Hams Fork Coal
final Environmental Impact Statement (EIS). If
the mine plan submitted by the lessee indicates
figures different from those used in the EIS as
to quality and quantity of habitat lost or
disturbed, mitigation alternatives shall be
recalculated based upon revised data contained
in the mine plan.
The final habitat recovery and replacement plan
shall indicate the methods to be employed by the
lessee which will insure that the carrying
capacity of the recovered or replaced land has
the capacity to support applicable indicator
species as agreed upon by the BLM and the CDOW.
Mitigation methods may require the lessee to
employ techniques for wildlife range
manipulation or intensive wildlife range
management. Habitat recovery may not be
completely feasible in the permit area;
therefore, recovery or replacement may be
accomplished on lands made available through the
surface management agency, the State or the
lessee outside the permit area in combination
with recovery and replacement methods on
suitable lands within the permit area.
The habitat recovery and replacement plan shall
include the following:
(1) A habitat analysis of the permit area
which: (i) identifies the above species which
occupy the permit area, and (ii) includes an
analysis of the quality carrying capacity of the
habitat for those species.
(2) A detailed description of the methods
selected by the lessee to mitigate habitat loss,
together with a comparative analysis of
alternate methods which were considered and
rejected by the lessee and the rationale for the
decision to select the proposed methods.
The methods utilized by the lessee for recovery
and replacement may include, but are not limited
to the following techniques: (i) increasing the
quantity and quality of forage available to
wildlife, (ii) the acquisition of critical
wildlife habitats, (iii) mechanical manipulation
of low quality wildlife habitat to increase its
carrying capacity for selected wildlife species,
and (iv) recovery, replacement or protection of
important wildlife habitat by selected fencing.
3. A timetable giving the periods of time
which will be required to accomplish the habitat
recovery or replacement plan and showing how
this timetable relates to the overall mining
plan.
4. An evaluation of the final plan by the
CROW. The State shall comment on the methods
selected and the techniques to be employed by
the lessee and may recommend alternate recovery
or replacement methods. If the State has
recommended an alternate method, the lessee
shall consider the State's recoa¢nendation and if
the lessee rejects the State's plan, the lessee
shall indicate its reasons as required by