2008-06-17_PERMIT FILE - C1981018A (2)

Home Browse Search

~~ JAN-05-2007 FRI 03 19 PM BLM COLD STATE OFFCCE FAR N0. 303 239 3799 P, 06 wl-BZ1;? '.~fi1S.r!.~/ '~1 ~i Coordinating Center, OFfice of Surface Mining Reclamation & Enforcement (OSM12E), and the BLM authorized officer. Lessee shall not begin surface disturbing activities until permission w proceed is given by the appropriam authorized officer. ~~~~~ as the fossil specimen(s) would not be seriously damaged or destroyed by the activity. Within five (S) working drys of notification, the Regional Director. OSMRE, shall evNua[e or have evaluated such discoveries and shall notify the lessee what action shall betaken with respect to such discoveries. (3) Lessee shall protect all known cultural resoume properties within dte lease area from leasz_related activities until cultural resourus avoidance or mitigation measures can be implemented as part of an approved exploration plan or an approved mining and exploration plan. (4) The cos[ of conducting the inventory, preparing reports, and carrying out mitigation measures shall be borne by the lessrx. (5) If cultural resources are discovered during operations under the tease, lessee shall immediately notify the authorized officer of the BLM or OSMRfi. Czssee shall not disturb such discovered resources except as subsequently authorized. Within two (2) working days of norifieation, the authorized officer will evalusu:, or have evaluated, any cultural resources discovered and will detertty ne if any action may be requimd to protect or preserve such discoveries. Cost of data recovery for cultural resources discovered daring lease operations shall be bome by the surface managing agency unless otherwise specified by the BLM authorized officer. (6) All culmral resources discovered shall remain under the jurisdiction of the United States until ownership is determined under applicable law. (7) Tf it becomes necessary to place new facilities in the area, pnrtieularly near any of the known resources, a Wrote detailed cxaadnazion of the placement of the facilities in relation m the known resources sha[I be undertaken to evaluate any snficipnted impacts. (Ir) Paleontologirn112esources, (1) Before beginning surface disturbing activities on the leased lands, lessee shall contact the BLM authorized officer w determine whether lessee will be required to conduct a paleontological appraisal oP lease areas that may ba adversely affected by lease-related activities. Any paleootologieal appraisal required shall be conducted by a quail fled paleontologist approved by the BLM authorized officer anti in the manner the authorized officer specifies. (2) Lessu shall submit an appraisal report, including recommendations for protecting any larger and more conspicuous fossils of significant scientific interest identified on the leased hods to the BLM authorized officer. (3) If any such Fossils are discovered doting operations under this lease, lessu shall immediately notify dte Regional Director, OSMRE, Operations may continue as long (4) Lessee shall not knowingly disturb, alter, destroy, or take any larger and more conspicuoux fossils of significant scienti fie interest and shall protect ull such fossils in conformance with the measures included in the approved mining and reelamtttion plan or exploration plan. (5) These conditions apply to all such fossils of significant scientifie interest diswvercd within the teased lands, whether discovered in the overburden, interburtlen, ar coal seam or sesrns. (G) All fossils of significant scientific interest shall remain under the jutisdictioa of the United Sutter until ownership is determined under applicable 1sw. (7) The coat of any required recovery of such fossils shall be bome by the United States. Copies of all paleontological resource dots shall be provided to the Regional Director, OSMRI:. (B) Individual actions such as toad construction, power line pole placement or ventilator shafts will need to be examined on a case-6y-case basis to determine what impacts if any tvill occur to fossil resources. (c) Resource Recovery and Protection. (1) Notwithstanding the approval of a resoncce recovery and pmtaction plan (R?.P2) by the BLM, lessor reserves the right [o scek damages agei[tst the operamr/lassec in the even[ (i) the operator/lessee fails to achieve maximum economic ruevery (1vIER) (as defined at 43 CFR 3480.0.5(21) of fire recoverable coal reserves or (ii) the opcramr/lessee is determined to have caused a wasting oFrccoverable coat reserves. Aamages shall be measured on the basis of the royalty that would have been payable on the; wasted or unrecovered coal. (2) The parties recognize that under an approved R2P2, conditions may require a modification by the operator/lessee of that plan. In the event a cnalbed or portion thereof is not to be mined or is rendered unmineable by the operation, the operatorAessee shall submit appropriate justification m obtain approval by the AO to [nave such reserves unmincd. Upon approval by [he AO, stub coalbeds or portions thereof shall no[ be subject to damages as described above. Further, nothing in this section shall prevent the operator/lessee from exercising its right to relinquish all or portion of the tease as authorized Iry statute and regalation. (3) In the event the AO determines that the }Lp2, as approved, will not attain MF.R as the result of changed