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

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• COMPETITIVE COAL LEASE COC fi1209 SPECIAL STIPULATIO*IS Sec. 15. (a) Cultural and Paleontological Resources. Prior to any surface disturbing activities, including subsidence, the lessee shall conduct a cultural resources survey and paleontological assessment of all previously unsurreyed areas that will be directly impacted by operations under this lease. The surrey shall be an intensive field inventory of cultural, historical, and archaeological values, including, but not limited to, any and all objects of antiquity, historic or prehistoric ruins and artifacts, 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) Surreys shall be conducted by a qualified professional cultural or paleontological resources specialist approved in advance by the surface management agency. A report on the surrey and recommendations for protecting any identified cultural or paleontological resources shall be submitted to the Uncompahgre Field Manager or Paonia District Ranger. After review and approval of the re_oort, surface disturbing operations may be further conditioned with the imposition of additional stipulations for protection of the identified cultural or paleontological resources. (2) The cost o£ the cultural or paleontological resources survey, the report, and any measures to 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 and obligation under applicable law to take action necessary to protect, preserve, or acquire such items. (3) If any items or features of historical, cultural or archaeological value are discovered during lease operations, the lessee shall immediately notify the • Surface Management Agency and shall not disturb such items or features until the Authorized Officer issues instructions. If the 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 and features shall remain under the jurisdiction of the United States. (4) The lessee/operator is required to take measures to ensure that Dove Cave is protected from the negati•re effects of subsidence, and that it•s structural integrity is maintained. (b) Threatened and Endangered Species. If there is reason to believe that Threatened or Endangered, or Sensitive (TES) species of plants or animals, or migratory bird species of high Federal interest occur in the area, the lessee shall be required to conduct an intensive field inventory of the area to be disturbed andfor impacted. The inventory shall be conducted by a qualified specialist and a report of findings will be prepared. A plan will be prepared making recommendations for the protection of these species or action necessary to mitigate the disturbance. The cost of conducting the inventory, preparing reports and carding out mitigating measures shall be borne by the lessee. (1) Hirds. (A) To protect and preserre breeding and nesting habitat for the Lcggerhead shrike and other Neo-tropical birds, disturbances '_: sagebrush, Gambel oak stands, and riparian areas will be a•roided to the extent practicable. (H) No surface disturbance or facilities will be located in occupied south•~rest wi11o•.u flycatcher habitat. Prior to any planned disturbance within riparian habitats on the lease, the lessee must: (i) Surrey the area of the proposed disturbance for su_table Southwest willow • flycatcher habitat, and surrey a_1 s~~itabler.abitat `_cr t:^.e-_-ese'ce c' to species. A'_1 hob _tat and species surreys .rust be ~^ accprpa rte with ~ accepted U.S. -ish and Wildlife Service (USFWS) protocol; (ii) Provide the results c` all sur,•eys to Che USFWS, the Uncompahgre Field Office of HLM and the Paonia Ranger District of the USFS; (iii) If su'_table Fabicat or ind_viduals are located in the area,