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surface activity that may impact the sites shall require that the sites be reevaluated and NRHP eligibility determined prior to the initiation of any such ground disturbing activity. (5) If a surface subsidence occurs, the applicant shall monitor the disturbed area for the presence of invasive, non-native, and/or noxious plant species that may become established as a result of the subsidence. The applicant will be responsible for eradicating chea[grass, noxious weeds, and/or problem weeds should they occur and/or increase in density as a result of the proposed action. (6) Upon detection of noxious, non-native, and/or invasive plant species, the applicant will control their presence before seed production using materials and methods as outlined in the RMP and/or authorized in advance by the White River Field Office Manager. (7) Application of herbicides must be wader Feld supervision of an EPA certified pesticide applicator. Herbicides must be registered by the EPA and application proposals must be approved by the BLM. (8) The applicant sha116e required to collect and properly dispose of any solid waste generated by the proposed actions. (9) The opemtor is responsible for informing all persons who are associated with the project operations that they will be subject to prosecution for knowingly disturbing paleontological sites, or for collecting fossils. If fossil Blue Mountain Energy. Inc. (Company or Lessee Name) By /~~t~c1G„ r-- ~_ (Signature of Lessee) (Title) T'1v`Svi1~ a5t a,0U7 (Date) materials are uncovered during any project or construction activities, the operator is to immediately stop activities in the immediate area of the find that might further disturb such materials, and immediately contact the AO. Within five working days the AO wilt inform the operator as to: • whether the materials appear to be of noteworthy scientific interest • the mitigation measures the operator will likely have to undertake before the site can be used (assuming in situ preservation is not feasible) If the operator wishes, at any time, to relocate activities to avoid the expense of mitigation and/or the delays associated with this process, the AO will assume responsibility for whatever recordation and stabilization of the exposed materials maybe required. Otherwise, the opemtor will be responsible for mitigation cos[. The AO will provide technical and procedural guidelines for the conduct of mitigation. Upon verification from the AO that the required mitigation has been completed, the operator will [hen be allowed to resume construction. (10) If, in [he future, it becomes necessary to excavate into the underlying rock formation to construct any mine facilities, except bore holes, a paleontological monitor shall be required to be present before and during any such excavations into the underlying rock formations. United States of America By Lynn R. Rust Danuty Stnte Director. Division of Enerev. Lands and Minerals (Title) (Date) Title 18 U.S.C. Section 1001, makes it a crime for any person knowingly and willfully to make to any department or agency of the United States any false, fictitious or fraudulent statements or representations as to any matter within its jurisdiction.