2008-09-26_PERMIT FILE - X200821712 (2)

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SEP-26-2008 FRI 11:46 AM BLM COLO STATE OFFICE FAX NO, 303 239 3799 USDA Forest Service, Grand Mesa-'Uncompahgre-Gunnison National Forests Conditions for Use and Protection of Non-Mineral Resources The following lists the conditions for use and protection on non-minerals resources identified by the surface management agency, the USDA Forest Service, Errand Mesa-Uncompalgre-Gunnison National Forests for the CEL per requirements of the Federal Coal Leasing Amendments Act of 1976, and implementing regulations at 43 CFR 3410. The following Notice shall be included in all licenses, prospecting permits, and lease issuance responses to the Bureau of Land Management State Directors (FSM Region 2 Supplement 2900-94-1, 2822.42): NOTICE FOR LANDS OF THE NATIONAL FOREST SYSTEM UNDER JURISDICTION OF DEPARTMENT OF AGRICULTURE The permitteO- lessee must comply with all the rules and regulations of the Secretary 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 granted 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 N' FS prior to approval of an exploration plan by the Secretary of the Interior, (2) uses of all existing improvements, such as forest development roads, within and outside the area permitted by the Secretary of the 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 are to be addressed to: Forest Supervisor, Grand Mesa, Uncompahgre, and Gunnison National Forest 2250 Highway 50 C- Delta, CO 81415 1- 970-874-6600 Who is the authorized representative of the Secretary of Agriculture, x-b NOTICE CULTURAL AND PALEONTOLOGICAL RESOItRCES - The FS is responsible for assuring that the licensed lands are examined to determine of 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: Contact the FS to determine if a site specific cultural resource inventory is required. P. 06 Cr) ---'0 177 Engage the services of a cultural resource specialist acceptable to the FS to conduct a cultural resource inventory of the area of proposed surface disturbance. The operator may elect to inventory an area larger 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 operation is submitted. Implement mitigation measures required by the FS and 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 tinder this license, and shall leave such discoveries intact until directed to proceed by FS and BLM.