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n <br />u <br />COMI'ETI7IVE COAL LEASE COC 67011 <br />SPECIAL STIPULATIONS <br />Stipulations Applicable To the Bureau of Land Management Lands: <br />Sec. 15. (a) Cultural Resources. (1) Before beginning any surface disturbing activities on the leased <br />lands, lessee shall conduct a cultural resource intensive field inventory on those portions of the mine plan <br />area and adjacent areas, or exploration plan area, which may be adversely affected by lease-related activities <br />and which were not previously inventoried at such a level of intensity. The inventory shall be conducted by <br />a qualified professional cultural resource specialist (i.e., archaeologist or historian, as appropriate) appruved <br />by the authorized officer of the Bureau of Land Management ($LM) and shall be conducted in the manner <br />that the authorized officer specifies. <br />(2) Lessee shall submit an inventory report, including recommendations for protecting any <br />significant cultural resources, to the Regional Director, Western Regional Coordirtating Center, Office of <br />Surface Mining Reclamation & Enforcement (OSMRE), and the BLM authorized officer. Lessee shall not <br />begin surface disturbing activities until permission to proceed is given by the appropriate authorized officer. <br />(3) Lessee shall protect all known cultural resource properties within the lease area from lease- <br />related activities until cultural resources avoidance or mitigation measures can be implemented as part of an <br />approved exploration plan or an approved mining and exploration plan <br />(4) The cost of conducting [he inventory, preparing reports, and carrying out mitigation measures <br />shall be bome by the lessee. <br />• (5) If cultural resources are discovered during operations under the lease, lessee shall immediately <br />notify the authorized officer of the BLM or OSMRE. Lessee shall not disturb such discovered resources <br />except as subsequently authorized. Within two (2) working days of notification, the authorized officer will <br />evaluate, or have evaluated, any cultural resources discovered and will determine if any action may be <br />required to protect or preserve such discoveries. Cost of data recovery for cultural resources discovered <br />during lease opemtions shall be bome by the surface managing agency unless otherwise specified e ~ <br />BLM authorized officer. ~ <br />~ ~O <br />(~ All cultttral resources discovered shall remain under the jurisdiction of the United State ~ntil ~ ~ <br />ownership is dctcrmincd under applicable law. w fTl p <br />~ O> <br />(b) Paleontological Resources. (1) Before beginning surface disturbing activities on the ]eased lan~,~n `-° <br />lessee shall contact the ELM authorized officer to determine whether lessee will be required to condt:2t a ~_~ <br />paleontological appraisal of lease aeeas that maybe adversely affected by ]ease-related activities. A rrt <br />paleontological appraisal required shall be conducted by a qualified paleontologist approved by the ) <br />authnri zed officer and in the manner the authorized officer specifies. <br />(2) Lessee shall submit an appraisal report, including recommendations for protecting any lazger <br />and more conspicuous fossils of significant scientific interest identified on the leased ]ands to the BLM <br />authorized officer. <br />(3) If any such fossils aze discovered during operations under this lease, lessee shall immediately <br />notify the Regional Director, OS1vII2E. Operations may continue as long as the fossil specimen(s) would <br />not be seriously damaged or destroyed by the activity. Within five (5) working days of notification, the <br />Regional Director, OSMRE, shall evaluate or have evaluated such discoveries and shat] notify the lessee <br />what action shall be taken with respect to such discoveries. <br />• <br />