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Special Stipul alions (con.) Lessee's agents, empl o}'e es, contractors, and sob -contractors, and <br />their em plo yecs. The fail ute or refusal of [he Lessee's ag~~n ts, rmpl o}'ces, con- <br />tractors, or sub-con n-acto rs, or their cm ploy ees co comply with these Stipulations <br />• shall be deemed [o be [he failure or rn(usal of the Less ec. 77ic Lass ce shall <br />require his agents, co~trn ct ors, and sub-cu ntra cto rs [o include these Stipi^et inns <br />in all contracts and sub-contracts which are entered into by any of rh em, together <br />with a provision that the other co neraccing party and his agents, cmpl o}'oes, con- <br />nar[ors and sub-contra r.[o rs, and the employees of each of [hem, shall 11k ea•ise be <br />bound [o comply with these Stipul alions. <br />(ii) Changes in Conditions. These Stipulations are based on e>: 1st Llg knowledge and <br />technology. 7h ey may be revised or amended, in writing, by the mutual consent <br />of'[he Mining Supervisor, [he Dis[ric[ Manager, and [he Lessee a[ any time to <br />adj us[ [o changed condi[iu ns or to rorrect an ovens igh[. The Lessor may amend <br />[h ese S[ipula[io ns a[ any time without [he co nsc n[ of the Lessee in order to <br />make these Stipulations consistent vi th any new Federal or Stale statutes and <br />vi [h reg ul alions issued under [hose statutes. The Lessor and [he Lese ee agl ee <br />mutually [o decide upon the fear ibi]i[y and need for amending [he existing Stipu- <br />lations. They will ac['in good faith and a sLnc ere effort to make the i.ess ee's <br />ac[ivitl es under [he Lease as tree from envi ro nm en[al dar,.age as is practicable. <br />Systems which require pollution control devices shall whenever possible possess <br />sufficient flexibility to ado p[ improved tech no]ogy when the improvements are <br />available, and [he systems shall be co nstruc[ed with the undo rs [a nding that <br />co n[i uued compliance with cha ng log poll union coon of laws is required. <br /> (b) SPECIAL. <br /> (i) During operations on this lease no fill, spoil or construction debris shall be <br /> dumped over escarpments or slopes steeper than 202 or into draws or canyons. <br /> (i i) The Lessee shall utilize and operate all facilities and devices in such a way as <br /> to avoid, or, where avoidance is imprac[i cabl e, minimize air poll union. At all <br /> ' times during cons[ruc[i on and opera[I on, the Lessee shall conduct activities in <br /> accordance with all applicable air quality s[a nda rds and related plans of imple- <br /> mentation adopted pursuant [o the Clean Air Act. (77 Stat. 392 as amended, <br /> 42 U.S.C. 1857) as now in effect or as hereafter amended, or if i[ should be <br /> superseded, [he statute superseding it, and applicable S[a [e standards. <br /> (iii) The Lessee shall utilize and operate all facilities and devices in accordance <br /> with State and Federal statutes (including, but not limited to, [he Federal Water <br /> Pollution Control Act (62 Stat. 1155, as amended, 33 U.S.C. 1251-1376) and tegula- <br />• [ions as now in effect or as hereafter amended, or if [hey should be superseded, <br /> the statute and reg ul alions superseding them. <br /> (iv) The Leased Lands shall be rehabilitated in a manner that will avoid or minimize <br /> environmental impacts off [he Leased Lands and be in accordance with Federal, <br /> State and local surface rehabilitation sta[ut es and regulations. <br /> (v) A 200-foot buffer zone shall be maintained between Middle Creek and any mining <br /> spoils and disturh antes. <br />HE UNITED STATES OF AMERICA <br />B (s ~c~•~e of ,«.) <br />:: ~ <br />IT,^e) <br />' ~ r <br />R'ITNESS TO SIGNATURE OF LESSEE e1 `) <br />1 (Si e~• a hl<Jee) <br />~J ~ nwv,~ ~I ~~cx)iI 1~ti=4~')~ <br />• (5 ien~l ure of <br />of Leave) <br />