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-5- <br />23. THE APPLICANT SHALL OBTAIN RIGHTS-OF-WAY FROM BLM PRIOR TO THE CONSTRUCTION <br />OF OFF LEASE ROADS, TRANSMISSION LINES, WATER LINES, AND FACILITIES AND FOR <br />THIRD PARTY FACILITIES ON THE LEASES. <br />24. COMPANY HAS NOT SUBMITTED ADEQUATE INFORMATION ON MULE DEER AND ANTELOPE <br />MIGRATION PROBLEMS THROUGH THE AREA OF DISTURBANCE. IN ORDER TO DEVELOP <br />PROPER MITIGATION PLANS FOR THE PROTECTION OF THE INTEGRITY OF MIGRATION <br />ROUTES BRIEFLY IDENTIFIED IN BLM'S FINAL EIS ON THE MOON LAKE PROJECT, THE <br />FOLLOWING STIPULATION HAS BEEN DEVELOPED: THE APPLICANT MUST SUBMIT TO THE <br />REGULATORY AUTHORITY THE COMPLETE STUDY RESULTS FOR MULE DEER AND ANTELOPE <br />MIGRATION CONSIDERATIONS WITHIN 30 DAYS OF APPROVAL. THE REGULATORY AUTHORITY <br />IN CONSULTATION WITH STATE AND FEDERAL GAME MANAGEMENT AGENCIES WILL DETERMINE <br />ADEQUATE MITIGATION PROCEDURES. <br />25. DUE TO POOR WEATHER CONDITIONS THE APPLICANT'S SURVEY FOR SAGE GROUSE <br />LEK ACTIVITIES WERE UNSUCCESSFUL. A SURVEY IS BEING CONDUCTED IN SPRING OF <br />1981 TO DETERMINE IF ANY LEKS DO OCCUR IN THE AREA TO BE DISTURBED. THEREFORE, <br />BEFORE ANY EVALUATION CAN BE INITIATED THAT SURVEY MUST BE SUBMITTED. WITHIN <br />30 DAYS OF THE MINE PLAN APPROVAL, THE APPLICANT SHALL SUBMIT TO THE REGULATORY <br />AUTHORITY THE RESULTS OF THE LEK SURVEY AND WHAT MITIGATION PROCEDURES WILL <br />BE USED TO MINIMIZE IMPACTS TO SACS GROUSE AND THEIR HABITATS. <br />26. ADEQUATE PROTECTION FOR ACTIVE GOLDEN EAGLE NESTS ADJACENT TO THE MINE <br />SITE MUST BE PROVIDED. THEREFORE, THE FOLLOWING DESCRIBED LANDS ARE CLASSIFIED <br />RND UNSUITABLE FOR SURFACE DISTURBANCE AND OCCUPANCY. PERIODIC ACTIVITY DURING <br />THE NON-NESTING SEASON (JUNE I - FEBRUARY 28) WITHIN THE BUFFER ZONE CAN BE <br />APPROVED ON A CASE BY CASE BASIS: <br />FEDERAL LEASE D-047201 <br />T.2N., R.lOW., 6th PP1 <br />Sec. 3: S'sSE'~ <br />Sec. 10: NE'3NE'a <br />FEDERAL LEASE C-023703 <br />T.2N., R.lOW., 6th PM <br />Sec. 3: E~'f SE'3 SW'~1 <br />27. UPON APPROVAL OF DEPARTMENTAL ACTION THE OPERATOR WILL SUBMIT WITHIN <br />30 DAYS PLANS FOR CONSTRUCTION OF P0F7ERLINES USING APPROVED GUIDELINES FOR <br />RAPTOR PROTECTION, <br />28. UPON APPROVAL OF DEPARTMENTAL ACTION THE OPERATOR WILL COMMIT WITHIN <br />30 DAYS TO NOT USING PERSISTENT PESTICIDES UNLESS APPROVED BY T.°.° REGULATORY <br />AUTHORITY AND TO FENCE ANY PONDS THAT CONTAIN TOXIC MATERIALS. <br />29. A STATE AIR QUALITY PERMIT IS REQUIRED BEFORE CONSTRUCTION AND OPERATION <br />CAN BEGNN_ _ <br />