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inventory report is to be submitted to the FS for review and approval at the time a surface <br />disturbing plan of operation is submitted. <br />3. Implement mitigation measures required by the FS and BLM to preserve or avoid <br />destruction of cultural resource values. Mitigation may include relocation of proposed <br />facilities, testing, salvage, and recordation or other protective measures. All costs of the <br />inventory and mitigation will be borne by the licensee or operator, and all data and materials <br />salvaged will remain under the jurisdiction of the U.S. Government as appropriate. <br />The licensee or operator shall immediately bring to the attention of the FS and BLM any cultural <br />or paleontological resources or any other objects of scientific interest discovered as a result of <br />surface operations under this license, and shall leave such discoveries intact until direcfed to <br />proceed by FS and BLM. <br />ENDANGERED OR THREATENED SPECIES - The FS is responsible for assuring that the <br />licensed land is examined prior to undertaking any surface-disturbing activities to determine <br />effects upon any plant or animal species listed or proposed for listing as endangered or <br />threatened, or their habitats. The findings of this examination may result in some restrictions to <br />the operator's plans or even disallow use and occupancy that would be in violation of the <br />Endangered Species Act of 1973 by detrimentally affecting endangered or threatened species <br />or their habitats. <br />The licensee/operator may, unless notified by the FS that the examination is not necessary, <br />conduct the examination on the licensed lands at his discretion and cost. This examination <br />must be done by or under the supervision of a qualified resource specialist approved by the FS. <br />An acceptable report must be provided to the FS identifying the anticipated effects of a <br />proposed action on endangered or threatened species or their habitats. <br />The following conditions shall also apply to the Dry Fork Coal Exploration License, should <br />BLM issue it: <br />Administrative <br />1. The Licensee shall notify the Paonia District Ranger at least one week before operations <br />are to commence on National Forest System (NFS) lands. The District Ranger must be <br />notified 48 hours in advance that heavy equipment will be moved onto National Forest <br />System lands and that surface disturbing activities will commence. <br />2. The Forest Service must be notified of any proposed alterations to the exploration plan <br />and access on the CEL. Any changes to the existing plan are subject to Forest Service <br />review and may result in additional conditions of use. <br />3. MCC has the responsibility to see that their construction and drilling operations are <br />conducted in such a manner which (1) conforms with applicable Federal laws and <br />regulations and (2) conforms with State and local laws and regulations to the extent that <br />such State and local laws are applicable on Federal lands. <br />4. All locations of drill pads and new temporary road alignments must be approved in the <br />field by the Paonia District Ranger or his/her representative before any ground <br />disturbance or construction begins.