2009-06-18_PERMIT FILE - C1981018A (8)

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• {7) The cost of an re uired recove of such fossils Y q ry shall be borne by the United States. Copies of all paleontological resource data shall be provided to the Regional Director, OSMRE. (8) Individual actions such as road construction, power line pole placement or ventilator shafts ~vitl need to be examined on a case-by-case basis to determine what impacts if any will occur to fossil resources. (c) Resource Recovery and Protection. (I ) Notwithstanding the approval of a resource recovery and protection plan (R2P2) by the BLM, lessor reserves the right to seek damages against the operator/lessee in the event (i) the operator/lessee fails to achieve maximum economic recovery (MER} (as defined at 43 CFR 3480.0-5(21) of the recoverable coal reserves or (ii) the operator/lessee is determined to have caused a wasting of recoverable coal reserves. Damages shall be measured on the basis of the royalty that would have been payable on the wasted or unrecovered coal. (?) The parties recognize that under an approved R2P2, conditions may require a modification by the operatorllessee of that plan. In the event a coalbed or portion thereof is not to be mined or is rendered unmineable by the ~peration, the operator/lesseesholl submit appropriate justification to obtain approval by the AO to leave such reserves unmined. Upon approval by the AO, such coalbeds or portions thereof shall not 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 lease as authorized by statute and regulation. (3) In the event the AO determines that the R2P2, as approved, will not attain MER as the result of changed conditions, the AO will give proper notice to the operator/lessee as required under applicable regulations. The AO ~vitl order a modification, if necessary, identifying additional reserves to be mined in order to attain MER. Upon a final administrative or judicial ruling upholding such an ordered modification, any reserves left unmined (wasted} under that plan will be subject to damages as described in the first paragraph under this section. (4) Subject to the right to appeal hereinafter set forth, payment of the value of the royalty on such unmined recoverable coal reserves shall become due and payable upon determination by the AO that the coal reserves have been rendered unmineable or at such time that the operatorllessee has demonstrated an umvillingness to extract the coal. • (5) The BLM may enforce this provision either by ~ssurng a written decision requiring payment of the MMS demand for such royalties, or by issuing a notice of non- compliance. A decision or notice ofnon-compliance issued by the lessor that payment is due under dais stipulation is appealable as allowed by law. (d) Additional Mitigation Measures. {1} Applicable mitigation from the 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 informing all persons who are associated with the project operations that they will be subject to prosecution for knowingly disturbing historic or archaeological sites, or for collecting artifacts. If historic or archaeological materials are uncovered during any project or construction activities, the operator is to immediately stop activities in the immediate area of the find that might further disturb such materials, and immediately contact the authorized officer (AO). Within five working days, Ehe AO will inform the operator as to: ~ whether the materials appear eligible for the National Register of Historic Places • the mitigation measures the operator will likely have to undertake before the site can be used (assuming in situ preservation is not necessary) • a timeframe far the AO to complete an expedited review under 36 CFR 800-11 to confirm, through the State Historic Preservation Officer, that the findings of the AO are correct and that mitigation is appropriate. If the operator wishes, at any time, to relocate activities to avoid the expense of mitigation and/or the delays associated with this process, the AO will assume responsibility far whatever recordation and stabilization of the exposed materials may be required. Otherwise, the operator will be responsible for mitigation cost. The AO will provide technical and procedural guidelines for the conduct of mitigation. Upon verification from the AO that the required mitigation has been completed, the operator will then be allowed to resume construction . (3} Pursuant to 43 CFR t 0.4(g} die holder of this authorization must notify the A0, by telephone, with written confirmation, immediately upon the discovery of human remains, funerary items, sacred objects, or objects of cultural patrimony. Further, pursuant to 43 CFR 10.4{c) and (d), you must stop activities in die vicinity of the discovery and protect it for 30 days or until notified to proceed by the authorized officer. (4) Due to the age of the first inventory and the