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<br />Sec.10. DELIVERY OF PREMISES, REMOVAL OF
<br />MACHINERY, EQUIPMENT, ETC. - At such time as all
<br />portions of this lease are returned to lessor,
<br />lessee shall deliver up to lessor the land
<br />leased, underground timbering, and such other
<br />supports and structures necessary for the
<br />preservation of the mine workings on the leased
<br />premises or deposits and place all workings in
<br />condition for suspension or abandonment. Within
<br />180 days thereof, lessee shall remove from the
<br />premises all other structures, machinery,
<br />equipment, tools, and materials that it elects
<br />to or as required by the authorized officer.
<br />Any such structures, machinery, equipment,
<br />tools, and materials remaining on the leased
<br />lands beyond 180 days, or approved extension
<br />thereof, shall become the property of the
<br />lessor, but lessee shall either remove any or
<br />all such property or shall continue to be liable
<br />£or the cost of removal and disposal in the
<br />amount actually incurred by the lessor. If the
<br />surface is owned by third parties, lessor shall
<br />waive the requirement for removal, provided the
<br />third parties do not object to such waiver.
<br />Lessee shall prior to the termination of bond
<br />liability or at any other time when required and
<br />in accordance with all applicable laws and
<br />regulations, reclaim all lands the surface of
<br />which has been disturbed, dispose of all debris
<br />or solid waste, repair the offsite and onsite
<br />damage caused by lessee's activity or activities
<br />incidental thereto, and reclaim access roads or
<br />trails.
<br />Sec.ll. PROCEEDINGS IN CASE OF DEFAULT - If
<br />lessee fails to comply with applicable laws,
<br />existing regulations, or the terms, conditions
<br />and stipulations of this lease, and the
<br />noncompliance continues for 30 days after
<br />written notice thereof, this lease shall be
<br />subject to cancellation by the lessor only by
<br />judicial proceedings. This provision shall not
<br />be construed to prevent the exercise by lessor
<br />of any other legal and equitable remedy,
<br />including waiver of the default. Any such
<br />remedy or waiver shall not prevent later
<br />cancellation for the same default occurring at
<br />any other time.
<br />Sec.12. HEIRS AND SUCCESSORS-IN-INTEREST - Each
<br />obligation of this lease shall extend to and be
<br />binding upon, and every benefit hereof shall
<br />inure to the heirs, executors, administrators,
<br />successors, or assigns of the respective parties
<br />hereto.
<br />Sec.13. INDEMNIFICATION - Lessee shall indemnify
<br />and hold harmless the United States from any and
<br />a1:1 claims arising out of the lessee's
<br />activities and operations under this lease.
<br />Sec.14. SPECIAL STATUTES - This lease is subject
<br />to the Federal Water Pollution Control Act (33
<br />U.S.C. 1151-1175), the Clean Air Act (42 U.S.C.
<br />1857 et. seq.), and to all other applicable laws
<br />pertaining to exploration activities, mining
<br />operations and reclamation, including the
<br />Surface Mining Control and Reclamation Act of
<br />19?7 (30 U.S.C. 1201 et. seq.).
<br />Sec.15. SPECIAL STIPULATIONS - (a) All
<br />stipulations concerning compliance with the
<br />requirements of the Surface Mining Control and
<br />Reclamation Act will be included in the document
<br />approving the mining plan.
<br />(b) Lessee shall be required to mitigate
<br />for mule deer, elk, antelope, and sharp-tail
<br />grouse habitat loss where applicable and the
<br />resultant loss or displacement of these species,
<br />as key indicator species, due to surface coal
<br />mining operations. Concurrently with the filing
<br />of its mine plan, lessee shall submit for
<br />approval to the BLM, a habitat recovery and
<br />replacement plan for protection or enhancement
<br />of mule deer, elk, antelope, and sage grouse
<br />populations affected by habitat loss or
<br />displacement from historic habitat.
<br />The habitat recovery and replacement plan shall
<br />be developed in consultation with the BLM and
<br />the Colorado Division of Wildlife (CDOw) based
<br />on estimates of lost and disturbed habitat as
<br />described in the Green River-Hams Fork Coal
<br />final Environmental Impact Statement (EIS). If
<br />the mine plan submitted by the lessee indicates
<br />figures different from those used in the EIS as
<br />to quality and quantity of habitat lost or
<br />disturbed, mitigation alternatives shall be
<br />recalculated based upon revised data contained
<br />in the mine plan.
<br />The final habitat recovery and replacement plan
<br />shall indicate the methods to be employed by the
<br />lessee which will insure that the carrying
<br />capacity of the recovered or replaced land has
<br />the capacity to support applicable indicator
<br />species as agreed upon by the BLM and the CDOW.
<br />Mitigation methods may require lessee to employ
<br />techniques for wildlife range manipulation or
<br />intensive wildlife range management. Habitat
<br />recovery may not be completely feasible in the
<br />permit area; therefore, recovery or replacement
<br />may be accomplished on lands made available
<br />through the surface management agency, the State
<br />or the lessee outside the permit area in
<br />combination with recovery and replacement
<br />methods on suitable lands within the permit
<br />area.
<br />The habitat recovery and replacement plan shall
<br />include the following:
<br />(1) A habitat analysis of the permit area
<br />which: (i) identifies the above species which
<br />occupy the permit area, and (ii) includes an
<br />analysis of the quality carrying capacity of the
<br />habitat for those species.
<br />(2) A detailed description of the methods
<br />selected by the lessee to mitigate habitat loss,
<br />together with a comparative analysis of
<br />alternate methods which were considered and
<br />rejected by the lessee and the rationale for the
<br />decision to select the proposed methods.
<br />The methods utilized by the lessee for recovery
<br />and replacement may include, but are not limited
<br />to the following techniques: (i) increasing the
<br />quantity and quality of forage available to
<br />wildlife, (ii) the acquisition of critical
<br />wildlife habitats, (iii) mechanical manipulation
<br />of low quality wildlife habitat to increase its
<br />carrying capacity for selected wildlife species,
<br />and (iv) recovery, replacement or protection of
<br />important wildlife habitat by selected fencing.
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