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

Home Browse Search

JAN-05-2007 FRI 03 19 PM BLM COLO STATE OFFICE • FAX N0, 3D3 239 3799 P, 07 i::~;l-~~;:" CO Sf:~.lc Q•=. fCE zQa r~? ; o conditions, the AO will give proper notice ro the operatorRessee as required under applicable regulations. The AO will order a modification, if necessary, identifying additional reserves to be mined in order to attain MER. Upon a final adutlnlstrative orjudicial ruling upholding such an ordered mod[fication, any reserves left uamined (wasted) under that plan wiU be subject to damages as described in the fvsc paragraph under this section. (4) Subject to the right to appeal hereinafter set forth, payment of dte value of the royalty on such uamined recoverable coal reserves shag become due and payable upon determination by the AO that the coal reserves have buo rendered utunineable or at sue4 time Otat the operator/tessec baz demonstrated en unwillingness to etctract the coal. (5) The BLM may enforce this provision either by issuing a written decision requiring payment of the MMS demand for such royalties, or by issuing a notice of non- compliance. A decisien or notice ofnon-compliance issued by the lessor that payment is due under this stipulation is appealable as allowed bylaw. • (d) Additional Mitigation Measures. (1} Applicable mitigation from tits Blue Mountain Energy Inc., Mining Permit Application-Deserado Mine Plan will remain in full force and effect for any resources. (2) The operator is responsible for iafotttting all persons who era associated with the project operations that they will be subject to prosecution for lmowingly dishubing historic or archaeological sites, or for collecting artifacts. If historic or archaeological materials are uncovered dtuing any project or construction activities, the operator is to immediately stop activities in the immediate area of [he find that might furOter disturb such materials, and immediately contact the authorized officer (AO). Within five working days, the AO will inform Ott operator as to: • whether the materials appear eligible for the National Register of FIis[orlc Places • the miOgation measures the operator will likely have [o undertake before the site can be used (assuming in situ preservation is not necessary) • a timeframe for the AO to wmple[e an expedited review under 35 CFR 800-11 to confirm, through the Stale Ilistoric Preservation Officer, that the ftndings of the AO art correct and that mitigation is agpmpriate. If the operator wishes, at say time, to relocate activities to avoid the expense of mitigation and/or the delays a~ssdc~iated with this process, the AO will assume responsibility for whatever recordation and stabilization of the exposed materials tray be required. Otherwise, the operator will be responsible for mitigation cost. The AO will provide technical and procedural guidelines for the conduct of alitigatioa. Upon verification From the AO that the required mitigation has been completed. Uie operator will then be allowed to resume coastrucdon. (3) Pursuant to 43 CFR l0.4(g) the holder of this authorization must notify the A0, by telephone, with written confirmation, immediately upon the discovery of human remains, funerary items, sacred objeMS, or objects of cultural patrimony. Ftttther, pursuant to 43 CFR 1o,4(c) and (d), you must slop activities in the vicinity of the discovery and protect it for 30 days or until notified to proceed by Ute authorized officer. {9) The operator is msponsible for informing alt 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 materials ate uncovered during any project or cansttucdan activities, the operator is [o immediately amp activities in the (4)17ue to the age of the fast inventory and the changes in landscape and protocols with the SHPO, any 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 invazive, non-native, and/or ooxious plant species that may became esmblished as a result of the subsidence. The applicant will be responsible for eradicating eheatgrass, noxious wceds, and/or problem weeds should they occur and/or increase in density as a result of the proposed action. (~ Upon detce6on of noxious, non-native, and/or invasive plant species, the applicant will eoruml their presence 6eforo seed production using materials and medtods as outlined io the RMP and/or authorized in advance by dte White River Field Office Manager. (7) Application of herbicides must 6e under field supervision of an EPA certified pesticide applicator. Ierbicides must be registered by the EPA and application proposals must be approved by Ore BLM. (8) The applicant steal( be required to collect and properly dispose of any solid waste generated by the proposed actions.