2013-07-01_PERMIT FILE - X201322801 (3)

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BLM Uncompahgre Field Office Sunset Trail Area Coal Exploration Plan EA Stipulation for Federal Coal Lease COC -1362, Lease Modification Tract #3 NOTICE FOR LANDS OF THE NATIONAL FOREST SYSTEM UNDER JURISDICTION OF DEPARTMENT OF AGRICULTURE The permittee /lessee must comply with all the rules and regulations of the Secretary of Agriculture set forth at Title 36, Chapter II, of the Code of Federal Regulations governing the use and management of the National Forest System (NFS) when not inconsistent with the rights granted by the Secretary of Interior in the permit. The Secretary of Agriculture's rules and regulations must be complied with for (1) all use and occupancy of the NFS prior to approval of a permit /operation plan by the Secretary of the Interior, (2) uses of all existing improvements, such as forest development roads, within and outside the area permitted by the Secretary of the Interior, and (3) use and occupancy of the NFS not authorized by a permit /operation plan approved by the Secretary of the Interior. All matters related to this stipulation are to be addressed to: District Ranger, Paonia Ranger District, Grand Mesa - Uncompahgre- Gunnison NF PO Box 1030, Paonia, CO 81428; (970) 527 -4131 who is the authorized representative of the Secretary of Agriculture. NOTICE CULTURAL AND PALEONTOLOGICAL RESOURCES The FS is responsible for assuring that the leased lands are examined to determine if cultural resources are present and to specify mitigation measures. Prior to undertaking any surface - disturbing activities on the lands covered by this lease, the lessee or operator, unless notified to the contrary by the FS, shall: • Contact the FS to determine if a site specific cultural resource inventory is required. If a survey is required then: Engage the services of a cultural resource specialist acceptable to the FS to conduct a cultural resource inventory of the area of proposed surface disturbance. The operator may elect to inventory an area larger than the area of proposed disturbance to cover possible site relocation which may result from environmental or other considerations. An acceptable inventory report is to be submitted to the FS for review and approval at the time a surface disturbing plan of operation is submitted. • Implement mitigation measures required by the FS and BLM to preserve or avoid destruction of cultural resource values. Mitigation may include relocation of proposed facilities, testing, salvage, and recordation or other protective measures. All costs of the inventory and mitigation will be borne by the lessee or operator, and all data and materials salvaged will remain under the jurisdiction of the U.S. Government as appropriate. • The lessee or operator shall immediately bring to the attention of the FS and BLM any cultural or paleontological resources or any other objects of scientific interest discovered as a result of surface operations under this license, and shall leave such discoveries intact until directed to proceed by FS and BLM. The FS is responsible for assuring that the leased land is examined prior to undertaking any surface - disturbing activities to determine effects upon any plant or animal species listed or proposed for listing as endangered or threatened, or their habitats. The findings of this examination may result in some restrictions to the operator's plans or even disallow use and occupancy that would be in Sunset Trails Area Coal Exploration Plan EA June 2013 A -1