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If areas are determined by CDOU to be mule deer and elk crucial winter <br />range, coal related facilities and surface disturbances, except <br />subsidence, will be authorized in the review area only if no practical <br />alternatives exist. The BLy and USFS will coordinate with Lhe CDOW to <br />determine [he type and extent of allowable variances. Coal <br />exploration, facility construction, and major scheduled maintenance <br />will not be authorized within crucial winter ranges from December 1 to <br />April 30. A11 unavoidable surface disturbances within these ranges, <br />during these times, will require approval of the Authorized Officer. <br />A potential Alluvial Valley Floor on the proposed lease tract is the <br />Quaternary Alluvium associated with the North Fork of the Gunnison <br />River. This area has already been found to be unsuitable for coal <br />extraction under Criteria Number 16 - °Federal Lands in Special <br />Floodplains". However, a concern remains that mining associated <br />activities on ocher parts of the proposed lease could materially <br />damage the quantity and/or quality of water that supplies this AVF, <br />due to the potential hydraulic connection between the AVF and <br />Mesaverde Formation. Due co insufficient data, a determination can <br />not be made until a mine plan for the area has been submitted. At <br />that time, the Regulatory Official will make a finding concerning <br />possible material damage to the alluvial valley floor. As a result of <br />the finding, some restrictions to the mining operations may be <br />necessary. <br />The following mitigation measures are the result of [he Environmental <br />Assessment: ~ • <br />Because the presence of Grand Mesa Penstemon has been documented in <br />abundance at elevations abo:•e 7800 feet, plant survey and project <br />evaluation and approval •:i1. be required prior to any surface <br />disturbance except subsidence. <br />To protect and preserve Breeding and nesting habitat for the <br />Loggerhead shrike and other neotropical birds, disturbances in <br />sagebrush, Gambel oak stands, and riparian areas will be limited to <br />the extent practical. <br />The lessee, before issuance of the mine permit, will conduct and <br />provide to BLN an inventory of all existing state adjudicated eater <br />rights in and adjacent to the lease tract which may be impacted by <br />subsequent mining activities. At a minimum, this inventory will <br />include: the water right holder, location, source, amount of decree, <br />beneficial use, historical flow, and the appropriation and <br />adjudication dates. <br />The lessee shall replace in a manner cons is[ent with state law [he <br />eater supply of any owner of a vested eater right which is proximately <br />injured as a result of the mining activities. <br />Other mitigation measures on National Forest System Lands will consist of <br />applicable stipulations sec forth in Appendix 2. In addition co the <br />following Conditions of Approval (COA), there will be additional COA's, ' • <br />25 <br />