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3. Implement mitigation measures required by the FS and BLM to preserve or avoid destruction <br />of cultural resource values. Mitigation may include relocation of proposed facilities, testing, <br />salvage, and recordation or other protective measures. All costs of the inventory and <br />mitigation will be borne by the licensee or operator, and all data and materials salvaged will <br />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 directed 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 or <br />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 must <br />be done by or under the supervision of a qualified resource specialist approved by the FS. An <br />• acceptable report must be provided to the FS identifying the anticipated effects of a proposed <br />action on endangered or threatened species or their habitats. <br />The following conditions shall also apply to the Spruce Stomp Coal Exploration License, should <br />BLM issue it: <br />1. The Operator has the responsibility to see that their exploration and construction operations <br />are conducted in such a manner which (1) conforms with applicable Federal laws and <br />regulations, and (2) with State and local laws and regulations to the extent that such State and <br />local laws are applicable on Federal leases, and the design criteria outlined in the Project <br />Proposal and Biological Assessment/Evaluation. <br />2. The Paonia District Ranger must be notified 48 hours in advance that heavy equipment will <br />be moved onto National Forest System lands and that surface disturbing activities will <br />commence. <br />3. All locations of drill pads and new temporary road alignments must be approved in the field <br />by the District Ranger or his/her representative before any ground disturbance or construction <br />begins. <br />4. Staging areas on USFS lands must be approved in advance by the District Ranger. <br />5. All surface disturbing activities including reclamation must be supervised by a responsible <br />representative of the Licensee who is aware of the terms and conditions of the projects <br />permits/licenses. The Licensee will have an authorized representative on site at all times. <br />DOI-BLM-CO-S050-2010- 0017 EA Page A-2 of 10 pages May 2010