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<br />the National Forest- System. (NFS) when not inconsistent with the rights <br />and regulations must be complied with for: <br />a) All use and occupancy of the NFS prior to approval of a <br />permit/operation plan by the Secretary of the Interior; <br />b) Uses of all existing improvements, such as Forest development <br />roads, within and outside the area licensed, permitted or leased <br />by the Secretary of the Interior; and <br />c) Use and occupancy of the NFS not authorized by a <br />permit/operating plan approved by the Secretary of the Interior. <br />d) Prior to any surface disturbing activities, including subsidence, <br />the lessee shall conduct a cultural resources survey and <br />paleontological assessment of all previously unsurveyed areas <br />that will be directly impacted by operations under this lease. <br />The survey shall be an intensive field inventory of cultural, <br />historical, and archaeological values, including, but not limited <br />to, any and all objects of antiquity, historic or prehistoric ruins <br />and artifacts, or other specimens of scientific interest. If the <br />paleontological assessment demonstrates a need for site- <br />specific inventory, this survey will also be performed. <br />8. If there is reason to believe that new individuals or populations of <br />Threatened or Endangered or Sensitive (TES) species of plants or <br />animals, or migratory bird species of high Federal interest occur in the <br />area, the lessee shall be required to conduct an intensive field inventory of <br />the area to be disturbed and/or impacted. The inventory shall be <br />conducted by a qualified specialist and a report of findings will be <br />prepared. A plan will be prepared making recommendations for the <br />protection of these species or action necessary to mitigate the <br />disturbance. The cost of conducting the inventory, preparing reports and <br />carrying out mitigating measures shall be borne by the lessee. <br />9. To protect and preserve breeding and nesting habitat for the loggerhead <br />shrike and other neo-tropical birds, disturbances in sagebrush, Gambel <br />oak stands, and riparian areas will be avoided to the extent practicable. <br />10. No surface disturbance or facilities will be located in occupied southwest <br />willow flycatcher habitat. Prior to any planned disturbance within riparian <br />habitats on the lease, the lessee must: <br />i. Survey the area of the proposed disturbance for suitable <br />southwest willow flycatcher habitat, and survey all suitable <br />habitat for the presence of the species. All habitat and <br />species surveys must be in accordance with the accepted <br />USFWS protocol; <br />ii. Provide the results of all surveys to the USFWS, the <br />Uncompahgre Field Office of BLM, and the Paonia Ranger <br />District;