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JAN. -06' 04 (TUE) 08:30 <br />LJ <br />COM?ETITIVE COAL LEASE COC 61209 <br />SPECIAL STIPULA7'1'ON5 <br />P. 006 <br />Sec.15. la) Sultural and Pa~enntoloci~al Re~ource,~, Prior to any surface disturbing <br />activities, including subsidence, the lessee shall conduct a cultural resources <br />survey and paleontological assessment at all previously unsurveyed areas that will <br />be directly impacted by operations under this lease, The survey shall be an <br />intensive Eield inventory of cultural, historical, and archaeological values, <br />including, but not limited to, any and all objects of antiquity, historic or <br />prehistoric ruins and artefacts, or other specimens of scientific interest, If the <br />paleontological assessment demonstrates a need for. a site specific inventory, this <br />survey will 'also be performed. <br />(1) Surveys shall be conducted by a qualified professional euitural or <br />paleontological resources specialis[ approved in advance by the Uncompahgre Field <br />Office Manager or the Paonia District Ranger. A report on the survey and <br />recommendations for Protecting any identified cultural or paleontological resources <br />shall be subaticced to the Uncompahgre Field Manager or Paonia District Ranger. <br />After review and approval of the xoport, surface disturbing operations may be <br />further conditioned with the imposition of additional stipulations for protection of <br />the identified cultural or paleontological resources. <br />(2} Tba cost of the cultural or paleontological resources survey, the report, <br />and any measures Co protect cultural or paleontological resources identified thereby <br />shall be borne by the lessee. All identified items shall remain the property of the <br />appropriate surface owner, but the United SCdtes reserves its right an$ obligakion <br />under applicable law to take action necessary to protect, preserve, or acquire such <br />items. <br />• Ill if any items or features of historical, cultural or archaeological value <br />are discovered during lease operations, the lessee shall immediately notify the <br />Uncompahgre Field 0£f ice Manager or the Paonia District Ranger and shall not disturb <br />such items or features until the Uncompahgre Field Office Manager issues <br />instructions. if Che lessee is ordered to take measures to protect any items or <br />features of historical, cultural or archaeological value discovered during lease <br />operations, the cost of the measures shall be borne by the lessee and such items aqd <br />features shall remain under the jurisdiction of the United States. <br />The cost of conducting the inventory, prepa.r ing the reports and carrying out <br />mitigating measures shall be borne by the iessee. Of particular concernln this <br />lease area are un-inventoried cultural resource sites associated with rock overhangs <br />and escaxBmenrs. <br />(9} Tha lessee/operator is required to take measures to ensure that hove Cave <br />is protected from the negative effec[s of subsidence, and that it-s structural <br />integrity tie maintained. ~ <br />(b) ~-rea_~ed ant] E,gdanaared Snar.ies. If there is reason to believe thdC nevi <br />individuals or populakions of Threatened or Undangorod, or Sensitive (T?S) sp~cie9~; <br />of punts or animals, or migratory bird species of high Federa'i interest ocous in ' <br />the area, the lessee shall be required to conduct an intensive field inventory of'~ <br />the area to be disturbed andlor impacted. The inventory shall be conducted by al~~, <br />qualified specialist and a report of findings will be prepared. A plan will-.k,~e ~, <br />prepared making recommendatiors for the protection of these sneci.es or action'- -•~'. <br />necessary to mitigate the disturbance. The cos L- of conducting the inventory~~ - <br />preparing reports and carryiri4 out miti ga Cing (peasures shall be borne by the ~essea <br />~ t <br />(1) Hi. s_ (A) To protect and preserve breeding and nesting habitat Lor the <br />Loggerhead shrike and other Neo-tropical birds, disturbances in sagebrush, Gatnbe2 <br />oak stands, and riparian areas will be avoided to the extent practica'n1e. <br />(H) No surface disturnarieo or far_i]icies will ba located in occupied <br />southwest willow flycatcher habif,at. Prior co any planned disturbance within <br />riparian habitats on the lease, the lessee mu5c- <br />(i) Survey Che area of Che proposed disCU Ybance A.nr suitable Southwest willow <br />flycatcher habitat, and survey al] suitable h2,bitat Por the presence of the species. <br />All habitat. and species surveys must be in accordance with the accepted U.S. Fish <br />