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.,, <br />2 <br />The following mitigation measures are required by the environmental analysis and coal <br />unsuitability criteria: <br />With respect to bald or golden eagle nests which may be established on the review area <br />during the life of the project, the following shall be applied. No new permanent surface <br />facilities or disturbances shall be located within a 1/4 mile radius buffer zone around <br />each bald or golden eagle nest site. No surface activities would be allowed within a 1/4 <br />mile radius buffer zone around each eagle nest site from March 1 to July 1. Any <br />proposed activities in, or adjacent to, these buffer zones (except routine maintenance) will <br />require approval from the BLM, on asite-specific basis, after consultation with the <br />USFWS. <br />Because the presence of Grand Mesa Penstemon has been documented in elevations <br />above 7300 feet, a Threatened and Endangered plant survey will be required prior to any <br />surface disturbance. <br />To protect and preserve breeding and nesting habitat for the Loggerhead shrike, <br />disturbances in sagebrush and oak stands should be avoided to the extent possible. <br />Where possible avoid surface disturbance to areas overlain by the Fughes loam soil <br />series. <br />As part of the Mine and Reclamation Permit Application Package, the lessee shall furnish <br />to the Regulatory Officer at the Office of Surface Mining, an estimate of the average <br />annual water depletion resulting from the proposed action. This will require the project <br />proponent's one-time contribution to the Recovery Program in the amount on $11.50 per <br />acre-foot of the project's average annual depletion, unless the one-time contribution has <br />already been made. Arrangements for receiving the remitted funds from the lessee will <br />be coordinated directly with the lessee by the permitting entity. These funds must be <br />provided to the National Fish and Wildlife Foundation (Bender Building, 1120 <br />Connecticut Avenue N.W., Washington, DC 20036), prior to the permit approval. <br />Failure or refusal to remit any remainder of the contribution will result in the withdrawal <br />of any previous issued lease(s) or approval authorization. (Additional revisions to this <br />stipulation or new stipulations on the lease may be required at a future date pending the <br />results of the formal consultation with USFWS). <br />The lessee, before issuance of the mine permit, will conduct and provide to BLM an <br />inventory of all existing state adjudicated water rights in and adjacent to the lease tract <br />which may be impacted by subsequent mining activities. At a minimum, this inventory <br />will include: the water right holder, location, source, amount of decree, beneficial use, <br />historical flow, and the appropriation and adjudication dates. <br />