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r <br />i <br />COMPETITIVE COAL LEASE COC 53510 <br />Special Stipulations <br />Sec. 15. These stipulations may be waived or reduced in scope if circumstances change or if <br />lessee can demonstrate that operations can be conducted without causing unacceptable <br />impacts to the identified resource. <br />(a) Cultural Resources. (1) Before beginning any surface disturbing activities on the <br />leased lands, lessee shall conduct an intensive (Class III) field survey for cultural resources <br />on those portions of the mine plan and/or exploration area of the lease that have not been <br />previously inventoried. The inventory shall be conducted by a qualified professional cultural <br />resource specialist (i.e., archaeologist or historian, az appropriate) approved by the <br />authorized officer of the Bureau of Land Management (BLM) and shall be conduUed in the <br />manner that the authorized officer specifies. <br />(2) Lessee shall submit an inventory report, including recommendations for <br />protecting any significant cultural resources, to the Assistant Director, Western Field <br />Operations, Office of Surface Mining Reclamation and Enforcement (OSMRE), and the BLM <br />authorized officer. Lessee shall not begin surface disturbing activities until permission to <br />proceed is given by the appropriate authorized officer. <br />(3) Lessee shall protect all known cultural resource properties within the lease area <br />from lease-related activities until cultural resources avoidance or mitigation measures can be <br />implemented az part of an approved exploration plan or an approved mining and reclamation <br />plan. <br />(4) The cost of conducting the inventory, preparing reports, and carrying out <br />mitigation measures shall be borne by lessee. <br />(5) If cultural resources are discovered during operation under this lease, lessee shall <br />immediately notify the authorized officer of the BLM or OSMRE. Lessee shall not disturb <br />such discovered resources except az subsequently authorized. Within 5 working days of <br />notification, the authorized officer will examine, or have examined, any cultural resources <br />discovered and will determine if any action may be required to protect or preserve such <br />discoveries. Cost of data recovery for cultural resources discovered during lease operations <br />shall be borne by lessee. <br />(6) All cultural resources discovered shall remain under the jurisdiction of the United <br />States of America until the ownership is determined under applicable law. <br />(b) Paleontological Resources. (1) Bcforc beginning surface disturbing activities on <br />the leased lands, lessee shall contact the BLb4 authorized officer to determine whether lessee <br />will be required to conduct a paleontological appraisal of lease areas that may be adversely <br />affected by lease-related activities. Any paleontological appraisal required shall be conducted <br />by a qualified paleontologist approved by the BLM authorized officer and in the manner the <br />authorized officer specifics. <br />