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(2) Lessee shall not knowingly disturb, alter, destroy, or take any larger and more conspicuous fossils of significant sctentific interest and shall protect all such fossils in conformance with the measures included in the approved mining and reclamation plan or exploration plan. (3) These conditions apply to all such fossils of significant scientific interest discovered within the ]eased lands, whether discovered in the overburden, interburden, or coal seam or seams. (c) Threatened and EndanEer~pecies. (1) ~. Threatened and/or endangered fish species in the Upper Colorado River Basin have been identified as the Colorado squawfish, the humpback chub, the bonytail chub, and the razorback sucker. Issuance of this lease is conditioned upon evidence of an initial payment to the National Fish and Wildlife Foundation of a $16.10 water depletion charge. The charge is for the Recovery Implementation Program fur Endangered Fish Species in the Upper Colorado River Basin in accordance with a U.S. Fish and Wildlife Service Draft Biological Opinion pursuant to section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Prior to mine permit approval by the OSMRE, lessee shall provide evidence of payment of the remainder of the required amount in full to the National Fish and Wildlife Foundation. Failure or refusal to remit the full amount required for the Recovery Implementation Program shall constitute a default of this lease tettn. Lessee may be subject to additional conservation measures required by the U.S. Fish and Wildlife Service in its Final Biological Opinion. (2) Plants. Before beginning surface disturbing activities on the leased lands, lessee shall conduct a thorough field survey for the occurrence of the Grand Mesa penstemon (Penstemon mensarttm) in the Hawksnest drainage and aspen and oak stands, or as otherwise directed by the BLM authorized officer. The survey shall be conducted by a qualified professional approved by the authorized officer. An inventory report shall be submitted to the BLM authorized officer. Lessee may be required to avoid areas where plants are found, if such avoidance is possible. Where avoidance is not feasible, lessee shall consult with the U.S. Fish and Wildlife Service and with the BLM for implementation of other mitigation measures. Lessee shall not commence any surface disturbing activities until the authorized officer has given approval to proceed. (3) Birds. In order to protect potential breeding and nesting habitat for the loggerhead shrike (Lanius ludovicianus), lessee shall avoid disturbing sagebrush and gambel oak shrub communities to the extent possible. (d) Wildlife. (1) l~rors. (A) During the life of the project, no new permanent surface facilities or disturbances shall be located within a'/a-mile-radius buffer zone around each bald or golden eagle nest site. No surface activities will be allowed within any buffer zone from March 1 to July 1. Any proposed activities in, or adjacent to, these buffer zones except for routine maintenance will require site-specific approval from the BLM authorized officer.