2011-03-22_PERMIT FILE - C1981022A ‎(2)‎

• Permit No: C1981022A
• IBM Index Class Name: Permit File
• Doc Date: 3/22/2011
• Section_Exhibit Name: Exhibit 2.03-E1 Ownership and Right of Entry Documentation
• Media Type: D
• Archive: Yes

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(a) Whether the materials appear eligible for the
National Register of Historic Places;
(b) The mitigation measures the lessee will likely have
to undertake before the identified area can be used
for project activities again; and
(c) Pursuant to 43 CFR 10.4(g) (Federal Register
Notice, Monday, December 4, 1995, Vol. 60, No.
232) the holder of this authorization must notify
the AO, by telephone at 970-240-5300, and with
written confirmation, immediately upon the
discovery of human remains, funerary items, sacred
objects, or objects of cultural patrimony.
(d) Further, pursuant to 43 CFR 10.4(c) and (d), you
must stop activities in the vicinity of the discovery
and protect it for 30 days or until notified to
proceed by the AO.
(2) PALEONTOLOGICAL RESOURCES. (1) If
paleontological resources are discovered during exploration
operations under this lease, lessee shall immediately notify the
Uncompahgre Field Office Manager and shall not disturb such
discovered resources until the Uncompahgre Field Office
Manager issues specific instructions.
(a) Within 5 working days after notification, the
Uncompahgre Field Office Manager shall evaluate any cultural
resources discovered and shall determine whether any action may
be required to protect or to preserve such discoveries.
(b) The cost of data recovery for cultural resources
discovered during exploration operations shall be borne by the
lessee, if the lessee is ordered to take any protective measures.
Ownership of cultural resources discovered shall be determined
in accordance with applicable law.
(3) RESOURCE RECOVERY AND PROTECTION. (1)
Notwithstanding the approval of a resource recovery and
protection plan (R2P2) by the BLM, lessor reserves the right to
seek damages against the operator/lessee in the event (i) the
operator/lessee fails to achieve maximum economic recovery
(MER) (as defined at 43 CFR 3480.0-5(21) of the recoverable
coal reserves or (ii) the operator/lessee is determined to have
caused a wasting of recoverable coal reserves. Damages shall be
measured on the basis of the royalty that would have been
payable on the wasted or unrecovered coal.
(2) The parties recognize that under an approved R2P2;`
conditions may require a modification by the operator/lessee of
that plan. In the event a coalbed br portion thereof is not to be
mined or is rendered unmineable by the operation, th'e
operator/lessee shall submit appropriate justification to obtain
approval by the AO to leave such reserves unmined. Upon
approval by the AO, such coalbeds or portions thereof shall not
be subject to damages as described above. Further, nothing in
this section shall prevent the operator/lessee from exercising its
right to relinquish all or portion of the lease as authorized by
statute and regulation.
(3) In the event the AO determines that the R2P2, as
approved, will not attain MER as the result of changed
conditions, the AO will give proper notice to the operator/lessee
as required under applicable regulations. The AO will order a
modification if necessary, identifying additional reserves to.be
mined in order to attain MER. Upon a final administrative,or
judicial ruling upholding such an ordered modification, .~;y
reserves left unmined (wasted) under that plan will be subject_to
damages as described in the first paragraph under this section., ~.
(4) Subject to the right to appeal hereinafter set forth,
payment of the value of the royalty on such unmined recoverable
coal reserves shall become due and payable upon determination;
by the AO that the coal reserves have been rendered unmineable
or at such time that the operator/lessee has demonstrated an
unwillingness to extract the coal. .,
(5) The BLM may enforce this provision either by
issuing a written decision requiring payment of the MMS demand.
for such royalties, or by issuing a notice of non-compliance. A.
decision or notice of non-compliance issued by the lessor that.
payment is due under this stipulation is appealable as allowed by
law.
II. SEE ATTACHED FOREST SERVICE STIPULATIONS. .
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THE UNITED STATES OF AMERICA