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III III III IIIIIII III Doc Date:12/11/2001 sss Mining Plan Approval Document No. CO-0021 Page 4 of 4 ATTACHMENT B Special Conditions 1. At such time as OSM, in consultation with the Colorado Mined Land Reclamation Division and the SHPO, determines that subsidence within the permit area may adversely affect known or unrecorded cultural sites, additional cultural resources studies may be required. This determination will be based on new subsidence or new cultural resources information. 2. Surface facilities, occupancy, surface disturbance, industrial fires and subsidence will not be permitted in the eagle nest buffer zone (i.e., 1/4 mile around the eagle nest located in the NW1/4NW1/4 of Section 31) or the Cooper's hawk nest buffer zone (i.e., 1/8 mile on either side of the drainage bottom, from the 6760-foot contour to the ridgeline above the nest, which is located in the SW1/4SE1/4NW1/4 of Section 16). with approval of the Bureau of Land Management, some surface activities may be permissible in the buffer zone at times other than the breeding/rearing season or if the nests are inactive. • 3. Surface disturbance in the North Fork of the Gunnison River affecting aquatic habitat may be permitted in the stream habitat with the approval of the Bureau of Land Management after consultation with the Colorado Division of Wildlife. Surface disturbance includes surface facilities, subsidence, channel modifications, and reduction of water quality to not less than receiving stream standards. 4. Surface disturbance within a 1/8-mile riparian buffer zone may be permitted with the approval of the Bureau of Land Management after consultation with the U.S. Fish and Wildlife Service. 5. Surface disturbance or underground mining operations that may result in subsidence (i.e., mining in the 1S, 2S, and 3S panels off the Northwest Submain Entries) may not occur in the Cooper's hawk nest buffer zone (i.e., 1/8 mile on either side of the drainage bottom, from the 6760-foot contour to the ridgeline above the nest that is located in the SW1/4SE1/4NW1/4 of Section 16) without obtaining specific written approval from the Bureau of Land Management for such disturbance. Prior to obtaining such approval, the operator must submit to Colorado Mined Land Reclamation Division, OSM, and the Bureau of Land Management a demonstration that subsidence or other surface disturbance will occur only when the Cooper's hawk nest is inactive or at times other than . the breeding and rearing season.