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~u : - '- ' -:r:L A determination for completeness will be made by the BLM. The Bureau will make this impact mitigation study available to [he State and local governments. (3) Tf; I,co~; of CMduF44R(;, thtQ nven[ory, preparing reports, and cai~ying otit rfii$gatid1r'inea3~es shall be borne by lessee. (d) Lessee shall comply with all valid and applicable laws and regulations of Federal, State, and local governmental authority. (e) Lessee shall grant public access to public land adjacent to the lease by means of existing roads, trails, or ways. If the lessee must destroy or obstruct an existing route, lessee shall provide an alternate route of equal quality. Public lands within the lease area and roads, [rails and ways constructed by the lessee shall be made accessible to the public unless such access would interfere with mining operations or create a safety hazard. Limiting access within one-half mile of buildings and work areas should be adequate for this purpose. Any additional limitation must be approved by the BLM. (f) Good Spring Creek and the adjacent riparian habitat shall not be disturbed within the boundaries of the ]ease. No mining, surface facilities or roads will be built in this area. (g) CULTURAL, RESOURCES. (1) Before undertaking any activities Iha[ may disturb the surface of [he leased (ands, lessee shall conduct a cultural resource intensive field inventory in a manner specified by the Authorized Officer (AO) of the BLM or of the surface managing agency, if different, on portions of the mine plan area and adjacent areas, or exploration plan area that may be adversely affected by lease- related activities and which were not previously inventoried at such a level of intensity. The inventory shall be conducted by a qualified professional cultural resource specialist (i.e., archaeologist, historian, or historical architect, as appropriate) approved by the AO of the surface managing agency (BLM if the surface is privately owned), and a report of the inventory and recommendations for protecting any cultural resources identified shall be submitted to the Regional Director of the Office of Surface Mining, (or the District Mining Supervisor if activities are associated with coal exploration outside an approved mining permit area) and the AO of the BLM or the surface managing agency, if different. Lessee shall undertake measures in accordance with instructions from the Regional Director, (or the District Mining Supervisor if activities are associated with coal exploration outside an approved mining permit area), [o protect cultural resources on the leased land. Lessee shall not commence [he surface disturbing activities until permission to proceed is given by the Regional Director (or the District Mining Supervisor if activities are associated with coal exploration outside an approved mining permit area). (2) Lessee shall protect all cultural resotuce properties within the lease area from lease-related activities until the cultural resource mitigation measures can be implemented as pazt of an approved mining and reclamation plan or exploration plan. (4) If cultural resources are discovered during operations under this lease, lessee shat] immediately bring them to the attention of the Regional Director (or the District Mining Supervisor if activities are associated with coal exploration outside an approved mining permit area), or the AO of the surface managing agency, if the Regional Director, or Dis[ric[ Mining Supervisor, as appropriate, is not available. Lessee shall not disturb such resources except as may be subsequently authotiaed by the Regional Director (or the District Mining Supervisor if activities are associated with coal exploration outside an approved mining permit area). Within two (2) working days of notification, the Regional Director (or the District Mining supervisor if activities are associated with coal exploration outside an approved mining permit area) will evaluate or have evaluated any cultural resources discovered and will determine if any action may be required to protect or preserve such discoveries. Cost of data recovery for cultural resources discovered during lease operations shall be borne by the surface managing agency unless otherwise specified by the AO of the BLM or of the surface managing agency, if different. (5) All cultural resources shall remain under the jurisdiction of the United Stales until ownership is determined under applicable law. (h)PALEONTOLOGICALRESOURCES. (1)Before undertaking any activities that may disturb the surface of the leased lands, lessee shall contact the BLM to determine whether the AO will require lessee to conduct a paleontological appraisal of the mine plan and adjacent areas, or exploration plan areas [hat may be adversely affected by lease-related activities. If [he AO determines that one is necessary, the paleontological appraisal shalt be conducted by a qualified paleontologist approved by the AO of the surface managing agency (BLM if the surface is privately owned), using the published literature and, where appropriate, field appraisals for determining the possible existence of larger and more conspicuous fossils of scientific significance. ~, ~.. •. ,. (2) A report of the appraisal and recommendations for protecting any larger and more conspicuous fossils of significant scientific interest on the leased lands so identified shall be submitted to the AO of the surface managing agency (BLM if the surface is privately owned). When necessary to protect and collect the larger•~9nii'i>K~re~edrispicuous~,fossils olt.signifippnt scientific interest on the leased lands, lessee shallYu'ndertakerthc measures provided in the approval of the mining aaareglantation plan or exploration plan. (3) Lessee shall not knowinglydisturb, alter, destroy or take any larger and more conspicuous fossils of significant