2008-05-05_PERMIT FILE - X200823001

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waiver shall not prevent later cancellation for the same default occurring at any other time. Sec. 12. HEIRS AND SUCCESSORS - IN-INTEREST -Each obligation of this lease shall extend to and be binding upon, and every benefit hereof shall insure to, the heirs, executors, administrators, successors, or assigns of the respective parties hereto. Sec. 13. INDEMNIFICATION -Lessee shall indemnify and hold harmless the United States from any and all claims arising out of the Lessee's activities and operations under this lease. Sec. 14. SPECIAL STATUTES -This lease is subject to the Federal Water Pollution Control Act (33 U.S.C. 1151 - 1175}; the Clean Air Act (42 U.S.C. 1857 et seg.), and to all other applicable laws pertaining to exploration activities, mining operations and reclamation, including the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et sec .) Sec. 15. SPECIAL STIPULATIONS (a) Cultural Resources. (1 }Before beginning any surface disturbing activities on the leased lands, lessee shall conduct a cultural resource intensive field inventory on those portions of the mine plan area and adjacent areas, or exploration plan area, which 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 or historian, as appropriate} approved by the authorized officer of the Bureau of Land Management (BLM) and shall be conducted in the manner that the authorized officer specifies. (2) Lessee shall submit an inventory report, including recommendations for protecting any significant cultural resources, to dre Regional Director, Western Regional Coordinating Center, Office of Surface Mining Reclamation & Enforcement (OSMRE), and the BLM authorized officer. Lessee shall not begin surface disturbing activities until permission to proceed is given by the appropriate autharized officer. (3) Lessee shall protect all known cultural resource properties within the lease area from lease-related activities until cultural resources avoidance or mitigation measures can be implemented as part of an approved exploration plan or an approved mining and exploration plan. (4) The cost of conducting the inventory, preparing reports, and carrying out mitigation measures shall be borne by the lessee. (5} If cultural resources are discovered during operations under the lease, lessee shalt immediately notify the authorized officer of the BLM or OSMRE. Lessee shall not disturb such discovered resources except as subsequently authorized. Within two (2) working days of notification, the authorized officer will evaluate, or have evaluated, any cultural resources discovered and will determine if any action maybe 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 BLivl authorized officer. {6) All cultural resources discovered shalt remain under the jurisdiction of the United States until ownership is determined under applicable law. (7) If it becomes necessary to place new facilities in the area, particularly near any of the known resources, a more detailed examination of the placement of the facilities in relation to the known resources shall be undertaken to evaluate any anticipated impacts. (b} Paleontological Resources. (1}Before beginning surface disturbing activities on the leased lands, lessee shall contact the BLM authorized officer to determine whether lessee will be required to conduct a paleontological appraisal of lease areas that may be adversely affected by lease-related activities. Any paleontological appraisal required shall be conducted by a qualified paleontologist approved by the BLM authorized officer and in the manner the authorized officer specifies. (2) Lessee shall submit an appraisal report, including recommendations for protecting any larger and more conspicuous fossils of significant scientific interest identified an the leased lands to the BLM authorized officer. (3} If any such fossils are discovered during operations under this lease, Iessee shall immediately notify the Regional Directoi, OSMRE. Operations may continue as long as the fossil specimen(s) would not be seriously damaged or destroyed by the activity. Within five (5} working days of notification, the Regional Director, OSMRE, shall evaluate or have evaluated such discoveries and shall notify the lessee what action shall be taken with respect to such discoveries. (4) Lessee shall not knowingly disturb, alter, destroy, or take any larger and more conspicuous fossils of significant scientific interest and shall protect all such fossils in conformance with the measures included in the approved mining and reclamation plan or exploratian plan. (5) These conditions apply to all such fossils of significant scientific interest discovered within the leased lands, whether discovered in the overburden, interburden, or coal seam or seams. (6) All fossils of significant scientific interest shall remain under the jurisdiction of the United States until ownership is determined under applicable law.