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Special Stipulations (con't) <br />and the Lessee agree mutually to decide upon the feasibility and need for amending <br />!h ~cisting stSpulations. They will act in good faith and exercise a sincere <br />to make the Lessee's activities under the Lease as free from environmental <br />.:. •= ae is practicable. <br />~Ef; ERAL <br />Applicability of Stipulations. The terms, conditions, requirements, and <br />prohibitions imposed upon the Lessee by these Stipulations are also imposed upon <br />Lessee's agents, employees, contractors, and subcontractors, and their employees. <br />The failure or refusal of the Lessee's agents, employees, contractors, or <br />subcontractors, or their employees to comply with these Stipulations shall be <br />deemed to be the failure or refusal of the Lessee. The Lessee shall require his <br />agents, contractors, and subcontractors to include these Stipulations in all <br />contracts and subcontracts which are entered into by any of them, together with a <br />provision that [he other contracting party and his agents, emplovees, contractors, <br />and subcontractors, and the employees of each of them, shall likewise be bound to <br />comply with these Stipulations. <br />SPECIAL <br />(a) This lease shall be terminated when 1,966,667 tons of "D" Seam coal have been <br />produced pursuant to production schedules in Appendix II. <br />(b) Air <br />(i) The Lessee shall utilize and operate all facilities and devices in <br />a .lance with all applicable air. quality standards and related plans of <br />i nentation adopted pursuant to the Clean Air Act. (77 Stat. 392 as <br />am~~,ded, 42 U.S.C. 1857) as now in effect or as hereafter amended, or if it <br />should be superseded, the statute superseding it, and applicable Slate standards. <br />(11) During periods of heavy construction activity, the lessee will institute <br />a watering program for dust suppression. <br />(iii) Upon completion of construction, the lessee will reclaim disturbed areas <br />by means of chemical stabilization, grading, and planting of vegetation. <br />(iv) Hydrocarbon (HC) emissions devices will be required on all heavy duty <br />vehicles, railroad locomotives, and off-road vehicles utilized in connection with <br />the lessee's operations. <br />(c) The Lessee shall utilize the operate all facilities and devices in accordance <br />with State and Federal statutes (including, but not limited to, [he Federal Nater <br />Pollution Control Act (62 Stat. 1155, as amended, 33 U.S.C. 1251-1376))and regulations <br />as now in effect or as hereafter amended, or if they should be superseded, [he <br />statute and regulations superseding them. <br />(d) In order to ensure compliance with the Environmental Protection Agency (EPA) <br />noise regulations and guidelines, the lessee will: <br />(i) Quarterly assess community noise during construction and semi- <br />•.lly thereafter until the noise appears.to stabilize statistically. <br />(ii) Assess dominant noise sources if significant changes occur in the operations. <br />(iii) Periodically, as scheduled with the District lfanagez, measure dominant <br />noise levels of major components of the facility subject to near, induced noise <br />fluctuations (i.e., crusher, conveyor loadout facili[y,e[c.) <br />(iv) Furnish quarterly assessment [o BLH within 30 days of data gathering. <br />Should the sensitive noise receptors or [he monitoring program indicate <br />ound levels approaching or exceeding EPA standards for speech or sleep interference, <br />he following steps and/or any o[lier steps determined necessary by the BLM Dis[ric[ <br />:ana~^r oz his designee together with the EPA representative must be taken to rectify <br />}~e ise levels: <br />4 <br />