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7 (37) CULTURAL AND PALEONTOLOGICALRESQURCES -The Forest Service (FS) is responsible for assuring that the licensed lands aze examined to determine if cultural resources are present and to specify mitigation measures. Prior to undertaking any surface disturbing activities on the lands covered by this license, the licensee or operator, unless notified to the contrary by the FS, shall: (1) Contact the FS to determine if a site specific cultural resource inventory is required. (2) Engage the services of a cultural resources specialist acceptable to the FS to conduct a cultural resource inventory of the azea of proposed surface disturbance. The operator may elect to inventory an area lazger than the area of proposed disturbance to cover possible site relocation which may result from environmental or other considerations. An acceptable inventory report is to be submitted to the FS for review and approval at the time a surface disturbing plan of operations is submitted. (3) Implement mitigation measures required by the FS and the Bureau of Land Management (BLM) to preserve or avoid destruction of cultural resource values. Mitigation may include relocation of proposed facilities, testing, salvage, and recordation or other protective measures. All costs of the inventory and mitigation will be borne by the licensee or operator, and all data and materials salvaged will remain under the jurisdiction of the U.S. Government as appropriate. The licensee or operator shall immediately bring to the attention of the FS and BLM any cultural or paleontological resources or any other objects of scientific interest discovered as a result of surface operations under this license, and shall leave such discoveries intact until directed to proceed by FS and BLM. (38) ENDANGERED OR THREATENED SPECIES -The FS is responsible for assuring that the licensed land is examined prior to undertaking any surface disturbing activities to detemrine effects upon any plant or animal species listed or proposed for listing as endangered or threatened or their habitats. The findings of this examination may result in some restrictions to the operator's plans or even disallow use and occupancy that would be in violation of the Endangered Species Act of 1973 by deVimentally affecting endangered or threatened species or their habitats. The licensee or operator may, unless notified by the FS that the examination is not necessazy, conduct the examination on the licensed lands at his discretion and cost. This examination must be done by or under the supervision of a qualified resource specialist approved by the FS. An acceptable report must be provided to the FS identifying the anticipated effects of a proposed action on endangered or threatened species or their habitats. NOTICE FOR LANDS OF THE NATIONAL FOREST SYSTEM UNDER JURISDICTION OF THE DEPARTMENT OF AGRICULTURE The permittee/lessee must comply with all the rules and regulations of the Secretazy of Agriculture set forth at Title 36, Chapter II, of the Code of Federal Regulations governing the use and management of the National Forest System (NFS) when not inconsistent with the rights gamed by the Secretary of Interior in the permit. The Secretary of Agriculture's rules and regulations must be complied with for (1) all use and occupancy of the NFS prior to approval of an exploration plan by the Secretazy of the Interior, {2) uses of all existing improvements, such as forest development roads, within and outside the azea permitted by the Secretary of [he Interior, and (3) use and occupancy of the NFS not authorized by an exploration plan approved by the Secretary of the Interior. All matters related to this stipulation aze to be addressed to: ~ C~ Forest Supervisor t~ Grand Mesa, Uncompahgre and Gunnison National Forest ~? ~ { r 2250 Highway 50 t ~ L i Delta, CO 81416 v" I~1 CD 947-874-6600 ~- ~'.r ~ ^- _. -n n ~ w rn