2010-11-16_PERMIT FILE - C1996083A (26)

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JAN. -06' 04 (TUE) 08:30 COM?ETITIVE COAL LEASE COC 61209 SPECIAL STIPULA7'1'ON5 • I P. 006 Sec.15. ls) cultural a~7d PalFnntoloci~,~1 Resources. Prior to any surface disturbing activities, including subsidence, the lessee shall conduct a cultural resources survey and paleontological assessment of all previously unsurveyed areas that will be directly impacted by operations under this lease, The survey shall be an intensive Eield inventory of cultural, historical, and archaeological values, inclludinq, but not limited to, any and all objects of antiquity, historic or prehistoric ruins and artefacts, or other specimens of scientific interest, If the paleontological assessment demonstrates a need for a site specific inventory, this survey will 'also be performed. (1) Surveys shall be conducted by a qualified professional cultural or paleontological resources specialist approved in advance by the Uncompahgre Field Office Manager or the Paonia District Ranger. A report on the survey and reeotrenendations for protecting any identified cultural or paleontological resources shall be subaticced to the uncampahgre Field Manager or Paonia Diseriet Ranger. After review and approval of the xoport, surface disturbing operations may be further conditioned with the imposition of additional stipulations for protection of the identified cultural or paleontological resources. (2} Tba cost of the cultural or paleontological resources survey, the report, and any measures Co protect cultural or paleontological resources identified thereby shall be borne by the lessee. All identified items shall remain the property of the appropriate surface owner, but the United States reserves its right an$ obligakion under applicable law to take action necessary to protect, preserve, or acquire such items. Ill if any items or features of historical, cultural or archaeological value are discovered during lease operations, the lessee shall immediately notify the Uncompahgre i;ield Office Manager or the Paonia District Ranger and shall not disturb such items or teatures until the Uncompahgre Field Office Manager issues instructions. if Che lessee is ordered to take measures to protect any items or features of historical, cultural or archaeological value discovered during lease operations, the cost of the measures shall be borne by the lessee and such items aqd features shall remain under the jurisdiction of the United States. The cost o£ conducting the inventory, prepa.r ing the reports and carrying out mitigating measures shall be borne by the lessee. Of particular concernln this lease area are un-inventoried cultural resource sites associated with rock overhangs and escai-pmenrs. (AS Tha lessee/operator is required to take measures tc ensure that hove Cave is protected from the negative effec[s of subsidence, and that it-s etrucrural integrity is maintained. > (b) ~-recta et~,d and EndanaPred Snacies. If there is reason to believe that nevi individuals or populakions of Threatened or Undangorod, or Sensitive (T8S) sp~cie9~1; of plants or animals, or migratory bird species o£ high Federa'1 interest ocous in the area, the lessee shall be required to conduct an intensive field inventory of'~, the aria to be disturbed andlor impacted. The inventory shall be conducted by ai," qualified specialist and a report of findings will be prepared. A plan will-.k,~e ~, prepared making recomnendatior_s for the protection of these species or action- -_~~ necessary to mitigate the disturbance. The cost- of conducting the inventory~~ preparing reports and carryiri4 out mitigating (peasures shall be borne by the ~essea ~ t (1) Hi. s_ (A) To protect and preserve breeding and nesting habitat Lor the Loggerhead shrike and other Neo-tropical birds, disturbances in sagebrush, GairJSe2 oak stands, and riparian areas will be avoided to the extent Practiea'n1e. (H) No surface disturnarieo or far_i]ities will ba located in occupied southwest willow flycatcher habif,at. prior co any planned disturbance within riparian habitats on the lease, the lessee muse= (i) Survey Che area of Che proposed disCU Ybance A.nr Suitable Southwest willow flycatchc:z habitat, and survey al] su~tabie hx,bitat Por the presence of the species. All habitat. and species Surveys must be in accordance with the accepted U.S. Fish