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The basis of the off-site habitat improvement will be that, for every acre physically disturbed within a mining panel and/or within other on-lease locations, 2.5 acres of off-site habitat improvement will be implemented to compensate for direct and indirect impacts. Explicitly excluded from this assessment is physical disturbance or occupation associated with the pipeline corridor or the Parachute Site. Off-site habitat enhancements may take a variety of forms, which will be determined for each individual mining panel through consultation with the BLM and the CDOW. As agreed upon by American Soda, the BLM, and the CDOW in the process of developing this Mule Deer Mitigation Plan, off-site mule deer habitat improvement costs shall be capped at a maximum average value of $100 per acre. The off-site habitat improvement program will be developed and implemented according to the following process. • American Soda will produce an annual report on physical disturbance that tallies the areal extent of physical disturbance that occurred during the previous year, including but not necessarily limited to vegetation clearing, soil disturbance, and physical site occupation. • American Soda will provide a periodic accounting of the cumulative total acreage disturbed for those permanent facilities associated with the Piceance Site and within a mining panel when that panel is abandoned or within a period not to exceed 10 years of its initial development. This total disturbed area will be used as the basis for application of the 2.5X multiplier for off-site habitat enhancement. Any habitat improvements already implemented that should count toward the panel will also be documented in the periodic accounting. • Off-site mitigation habitat enhancement work may take the form of vegetation manipulation, including but not limited to: r clearing and thinning burns r olantines r fertilization ~ bottomland conversion • Prior to abandoning a mining panel or at about the same time the periodic accounting for the mining panel is taking place, a specific work plan for the off-site habitat improvements mitigating for disturbance in that panel will be developed. At a minimum, the work plan will specify the following: Wildlife Mitigation Plan 1_4 Yankee Gulch Sudium Minerals Project American Soda, L.L.P.