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CONDITIONS OF APPROVAL <br />Administrative <br />1) For each yeaz of project implementation, MCC will be required to submit an Annual Operating Plan (AOP) <br />detailing [he year's planned activities to the Forest Service for acceptance/approval. If implementation occurs in <br />2002, the AOP will be submitted prior to work commencing, and by April 1 for each year thereafter. The AOP will <br />detail plans for drilling (i.e. which holes will be drilled in that year), access road construction, plans for <br />' contemporaneous reclamation of MDW sites no longer needed (including those approved in previous <br />authorizations), plans for noxious weed control, anticipated times of work starting, etc. The AOP will also identify <br />MCC's MDW project supervisor and the surface operations supervisor. Any changes to the AOP must be submitted <br />' in writing to the District Ranger for approval. A pre-work meeting will be required each year of project <br />implementation prior to start of activities. The Forest Service will identify a point of contact person for MCC at [hat <br />time. <br />2) The responsible USFS official, prior to ground disturbance, shall review and either approve or deny <br />approval to constmct any drill pad location and the final alignment for new roads. Staging area locations must also <br />be approved before use. When disturbing ground in areas where exceptions have been approved for lease <br />stipulations, MCC will provide notification at least ] 0 days in advance. Ground review by the USFS is requued <br />prior to initiation to determine if additional mitigation measures are needed in these exception areas. <br />3) Disposal of sewage and trash will be at an authorized disposal site off the Forest. Portable toilets must be <br />provided for personnel working on the drill sites. If more than one drill site is utilized during drilling activities, <br />portable toilets will be provided at each site. <br />4) MCC and/or their contractors must have the necessary materials on hand and immediately available to <br />contain any spills of fuels, oil, and other contaminants. Any spills must be reported [o the USFS immediately. <br />Immediate containment and clean-up will be required consistent with MCC's Spill Prevention, Control, and <br />Countermeasures (SPCC) Plan. Any contaminated soil will be removed from the Forest. <br />5) Approved spark arrestors will be required and shall be maintained on all internal combustion equipment <br />used on the project <br />6) No activities shall be allowed within '/. mile of an active goshawk nest from March 1 through July 31 (or <br />until fledging has occurred) if the activity may cause nesting failure or abandonment. The District Wildlife <br />Biologist will determine the actual boundary of the closure area for each potentially affected nest. <br />7) No activities shall be allowed withih one mile of an active bald eagle or peregrine falcon nest from <br />February 1 to July 31 if the activity may cause nesting failure or abandonment. The District Wildlife Biologist will <br />determine the actual boundary of the closure area for each potentially affected nest. <br />8) Any water depletion to the Colorado River System from project related activities will require completion of <br />a Biological Assessment (BA) and possibly consultation with the USFWS if a "may affect determination is made. <br />Because MCC plans to use non-tributary water for the project, such depletion is not anticipated. <br />9) MCC will conduct breeding bird surveys annually according to USFS protocol prior to constmction of drill <br />pads and new road corridors and provide the results to USFS Wildlife Biologist. Survey sites and protocol will be <br />reviewed at the annual operating plan meeting. In order to preclude potential impacts [o Lewis's woodpecker, <br />northern goshawk, purple martin, and olive-sided flycatcher nest sites, forested stands of suitable habitat will be <br />surveyed by MCC using Forest Service standardized technique for monitoring bird populations (Ralph et.al 1992) <br />prior to allowing any disturbance activities. The Forest Service Wildlife Biologist will identify the forested stands <br />of suitable habitat to be surveyed at the annual operating plan meeting. If nest sites are located, the timing and/or <br />the location of construction will be modified as prescribed by [he Forest Service Wildlife Biologist to preclude any <br />impacts to nest sites. <br />Final Version 5/3!/02 Page 27 <br />