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(b) Paleontological Resources. (11 Before beginr.: ng surface disturbing ac_:'r_ties cn the Leased la:.ds, lessee shall cc r.c sec the BLM auc~.or_Lad o.°ficer to determine whet:ner lessee ~.+_'. be -_ - ro conduct a ca_eo :. c!ogica'_ actra_sa1 0~= 1=ase ar=_as that may be ad•re rse Ly ___ __ed ease-r?fated _,_ - - es. Ar.y -'_°O.^.CJLJq:C21 a_DC r315a! r2cG::2dy sha'_1 be -onducced oy a cue lifi<d paieonto lcg_5= aoo m ved the BL;^. 2LL=Or^_.ed officer and in the manner -r.e autho Cced officer specifies. (2) Less=_e she!! net k.^.cwc ng:y disturb, _ter, destroy, or take any larger and more conso:cuous fossi'_s of significant scientific interest and shall protect all such fossils in co r.formance with [he measures inc'_uded in the aco:oved mining and reclamation plan or ,..ex~lo ration plan. (3) T.`.e se conditions apply to all such fossils of significant sole r,u fie interest discove ced within tae leased lands, whether discovered _.. the o•re rburden, interburden, or coal seam or seams. (c) Threatened and Endangered Species. (1) Fish. Threatened and or endangered fish species in the Upper Colorado River Basin have been identified as the Colorado Scuawf ish, the h~~^.:oback chub, the bonytail chub, and the razorback sucker. Issuance of this lease was conditioned upon evidence of an in'_tial payment to the National Fish and wildlife Foundation of a 516,10 water den lesion charge. The charge was for the Reco•~e ry Implementation Program for Endangered F'_sh Species in the Upper Colorado River Basin in accordance with a U.S. Fish and Wildlife Service Draft Bio locical Opinion pursuant to section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Prier to mine permit aaproval by t..*.e OSM, lessee shall provide•evidence of Payment of the :=_main der of the required amount in full to the National Fish and Wildlife Foundation. Eai lure or refusal to remit the full amount required for the Recovery Implementation Program shall cc r.s titute a defauSt of this lease term. Lessee may be subject to additional conservation measures required by the U.S. Fish and Wildlife Service in its Final Biolog is a'_ Opinion. (2) Plants. Before beginning surface disturbing activities on the leased Lands, lessee shall conduct a thorough field survey for the occurrence of the Grard Mesa penstemon (Penstemon measarum) in the Hawks..^.est drainage and aspen and oak stands, or as otherwise directed by the BLM zuthorized officer. The survey shall be c r..d_cted by a qualified professional approved by the authorized officer. Ar. inventory retort sha!'_ be submitted to the BLM authori Led officer, Lessee may be required to a•roid areas where planes are found, if such avoidance is possible. Where avoidance is not feasible, lessee s::^z l'_ consult with the U.S. Fish aid Wildlife Ser-r'_ce and with the BLM for implementation of ether mitigation measures. Lessee shall not commence any surface disturbing activities until t^e authorized ofticer has given approval to proceed. (3) Birds. In order to protect potential breeding and r.e cresting habitat for the loggerhead sir_ke (Lanius !udov_c a.^.us), lessen sna5_ avoid d a turb:.^.q szgeorush and game=_. ozk shrub commcn_ties tc the extent possi`_:e. (d) Wildlife. (11 Raptors. !-.. .r_ng [he 1'=e of the troject, no neu c?-.z-.ent -_rrace ==c li ties c: disturbances sha_! ~- _ - cad with a ~+ mi'_e-radius tutfer ape around ?ac bald or golden eagle nest si*_=_. Dlo surf._e ac c•r'_ties w:11 be allowed ~wiLein a K mile-radius buffer co.^,e around each eagle rest site =-ca. Ma rc 1 to July 1. Any orccosed activ_cie_ - or adjacent tc, these buffer zones'+'_1_ recnir=_-= - specific aoo ro val from the BL24 authorized c'fice_ zfter consultation with the U.S. Fish a..^ :vc1d'_ife Se rv'_ce. (B) Powerlines and electric transmission facilities shall conforn to accented raptor protection designs as presented is Succested 2ractices for Raptor Protection or. ?owe riznes - State or the Art in 1 A1, Raptor Resea rcn Aepo rt No. 9 by the Raptor Research Foundation. (C) With respect to bald or golden eagle nests which may be established or. the review area during the life of the project, t e fc:lowing special stipulations shall be aoo lied: 1)No pe rnanent surface facilities or disturbances, except subsidence, shall be located within a ~+ mile-radius buffer zone around each bald 'or golden eagle nest site. 2) No surface activities will be allowed within a k mile-radius buffer zone around each bald eaqq Le nest site from November 15 t:nrough July 30, and each golden eagle nest site from February 1 to .;u1y 15. 3) Any proposed activities in, or adjacent to, these buffer zones will require approval from the BLM, on asite-specific basis, after consultation with the U.S. Fish and Wildlife Service. (D) In the event that bald eagle roost or concentration ar=_as aze established on the tract, ro surface activity, except subs'dence, shall occur within ~t mile of the winter roost between November 15 and March 15. V'_sits into tae buffer zone should be limited to the hours of 10:00 a.m. and 2:00 p.m. (E) Raptors - a) Prior to development of any surface facilities, nesting raptor surveys must be conducted on tae tract. b) No surface activities will be allowed within +! mile of an active nest between February 1 and' August 15. Exceptions will require apnroual of the BLM authorized officer. (2) Elk Winter Rance. In order to protect crucial elk wirt er range, coal-related facilities and surface disturbance will be autn prized in the review area of the lease only if no feasible alternatives exist. The BLM will coordinate with Che Colorado Division of wildlife to determine the type and extent of allowable sa ri a..^.c es and the type and extent of habitat mitication needed to offset habitat disturbance; al! unavoidable surface disturbances will require atprovz. of the BLM authorized officer. Coal exo!oration, facility construction, and major scheduled maintenance will not be scheduled from December 1 through April 15 to protect crucial elk habitat values. (a) water. (1) Riparian Zones. in order to protect r_parian zones, no surface disturbance except surface subsidence will be permitted