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March 2000 Record of Decision Paae 9 results of all surveys to the U.S. Fish and Wildlife Service, the Uncompahgre Field Office of BLM and the Paonia Ranger District of the USFS; 3) If suitable habitat or individuals are located in the area, consultation with the U.S. Fish and Wildlife Service will be required to determine suitable conservation measures to prevent a "take" under Section 9 of the Endangered Species Act. Conservation measures may include avoidance of the occupied habitat, establishment of a buffer zone and seasonal restriction around occupied habitat, or others developed for the specific site. In accordance with current protocol, surveys for the presence of the species are valid for only one year. 10. Cultural and Paleontological Resources. Prior to any surface disturbing activities, including subsidence, the lessee shall conduct a cultural resources survey and paleontological assessment of all previously unsurveyed areas that will be directly impacted by operations under this lease. The survey shall be an intensive field inventory of cultural, historical, and archaeological values, including, but not limited to, any and all objects of antiquity, historic or prehistoric ruins and artifacts, or other specimens of scientific interest. If the paleontological assessment demonstrates a need for a site specific inventory, this survey will also be performed. (1) Surveys shall be conducted by a qualified professional cultural or paleontological resources specialist approved in advance by the Paonia District Ranger. A report on the survey and recommendations for protecting any identified cultural or paleontological resources shall be submitted to the Paonia District Ranger. After review and approval of the report, surface disturbing operations may be further conditioned with the imposition of additional stipulations for protection of the identified cultural or paleontological resources. (2) The cost of the cultural or paleontological resources survey, the report, and any measures to protect cultural or paleontological resources identified thereby shall be borne by the lessee. All identified items shall remain the property of the appropriate surface owner, but the United States reserves its right and obligation under applicable law to take action riecessary to protect, preserve, or acquire such items. (3) If any items or features of historical, cultural or archaeological value are discovered during lease operations, the lessee shall immediately notify the Paonia District Ranger and shall not disturb such items or features until the Paonia District Ranger issues instructions. If the lessee is ordered to take measures to protect any items or features of historical, cultural or archaeological value discovered during lease operations, the cost of the measures shall be borne by the lessor and such items and features shall remain under the jurisdiction of the United States. The cost of conducting the inventory, preparing the reports and carrying out mitigating measures shall be borne by the Lessee. Of particular concern in this lease area are uninventoried cultural resource sites associated with rock overhangs and escarpments. (Mitigation C-1 ). 11. Any surface disturbance related to installation of degasification boreholes, ventilation shafts, or any other surface-disturbing activity must be approved by the surface management agency. The Lessee/operator will be responsible for soil preservation/protection and final reclamation. For reclamation that would require reseeding, a certified weed free source of seed would be used. The Lessee will be responsible for controlling spread of, and eradicating noxious weeds. (Mitigation SO-1, SO-2, and V-1 and V-3, Final EIS Appendix J). 12. The Lessee shall replace in a manner consistent with State law the water supply of any owner of a vested water right which is proximately injured as a result of the mining activities. (Mitigation SW-4) Forest Service -Elk Creek Coal Lease Tract