2012-09-20_PERMIT FILE - C1981022 (2)

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Attachment A COC- 61357, Stipulations for Tract 5 Modification for the Protection of Surface Resources Cultural and Paleontological Resources 1) Prior to any su f m 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 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, (a) 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 recommendations for protecting any identified cultural or paleontological resources shall be submitted to the Uncompahgre Field Office Manager or the Paonia District Ranger. After review and approval of the report, surface disturbing operations may be further conditioned with the imposition of additional stipulations for protection of the identified cultural or paleontological resources. (b) The cost of 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. (c) If any items or features of historical, cultural or archaeological value are discovered during lease operations, the lessee shall immediately notify the Uncompahgre Field Office Manager or the Paonia District Ranger and shall not disturb such items or features until the Uncompahgre Field Office Manager 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 lessor and such items and features shall remain under the jurisdiction of the United States. (d) The cost of conducting the inventory, preparing the reports and carrying out mitigating measures shall be bome by the lessee. Of particular concern in this lease area are un- inventoried cultural resource sites associated with rock overhangs and escarpments. Threatened and Endangered Species 2) if there is reason to believe that new individuals or populations of 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 and/or impacted 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 carrying out mitigating measures shall be home by the lessee. Birds/ Raptors .T 3) To protect and preserve breeding and nesting habitat for the Loggerhead shrike, and other Neo- tropical birds, disturbances in sagebrush, Gambel oak stands, and riparian areas will be avoided to the extent practicable. 4) No surface disturbance or facilities will be located in occupied Southwest willow flycatcher habitat. Prior to any planned disturbance within riparian habitats on the lease, the lessee must: (i) Survey the area of the proposed disturbance for suitable Southwest willow flycatcher habitat, and survey all suitable habitat for the presence of the species. All habitat and species surveys must be in accordance with the accepted U.S. Fish and wildlife Service ( USFWS) protocol; (ii) Provide the results of all surveys to the USFWS, the Uncompahgre Field Office of BLM and the Paonia Ranger District of the USFS; (iii) If suitable habitat or individuals are located In the area, consultation with the USFWS will be required to determine suitable conservation measures to prevent a "taken under section 9 of the Endangered Species Act. Conservation measures may include avoidance of the occupied habitat, establishment of a buffer zone and seasonal restriction around occupied habitat, or others developed for one year. the specific site. In accordance with current protocol, surveys for the presence of the species are valid for only