2023-11-06_REVISION - M1979155 (4)

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1 D. A "Notice to Proceed" stipulation shall be required for any non-emergency activities as defined above that would cause surface disturbance on the lease, ROW, or TUP. Any request for a "Notice to Proceed" should be made to the AO, who shall review the proposed action for consistency with resource management concerns such as wildlife, big game winter range, paleontology, threatened and endangered species, and cultural resource protection. Additional measures may be required to protect these resources. 3. Migratory birds To ensure compliance with the Migratory Bird Treaty Act of 1918, which prohibits harassment, injury, or mortality of migratory birds and destruction of active nests (those containing eggs or young), CDOT would clear vegetation from the site prior to or after the nesting period of May 15 to July 15. If mowing or brush-hogging is necessary during the migratory bird nesting season, a qualified biologist would conduct bird pre- disturbance surveys during the nesting period. The surveys would be conducted when conditions are suitable for detecting nesting birds and within appropriate buffer widths from species known or potentially occurring in proximity to the affected area. 4. Soils To reduce potential for increased sediment and pollutant loads into the Eagle River. CDOT would provide an up to date Storm water management plan as storage area size increases. 5. Paleontological Resources—Discovery Stipulations. The applicant is responsible for informing all persons who are associated with the project operations that they will be subject to prosecution for disturbing or collecting vertebrate or other scientifically-important fossils, collecting large amounts of petrified wood (over 251bs./day, up to 250lbs./year), or collecting fossils for commercial purposes on public lands. If any paleontological resources are discovered as a result of operations under this authorization, the applicant or any of his agents must stop work immediately at that site, immediately contact the BLM Paleontology Coordinator, and make every effort to protect the site from further impacts, including looting, erosion, or other human or natural damage. Work may not resume at that location until approved by the Authorized Officer. The BLM or designated paleontologist will evaluate the discovery and take action to protect or remove the resource within 10 working days. Within 10 days, the operator will be allowed to continue construction through the site or will be given the choice of either (a) following the Paleontology Coordinator's instructions for stabilizing the fossil resource in place and avoiding further disturbance to the fossil resource, or (b) following the Paleontology Coordinator's instructions for mitigating impacts to the fossil resource prior to continuing construction through the project area. Serial#COC 80745 8/23/2022 Exhibit B-2