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If areas are determined by CDOW to be mule deer and elk crucial winter <br />range, coal related facilities and surface disturbances, except <br />subsidence, will be authori=ed in the review area only if no practical <br />alternatives exist. The BLy and USFS will coordinate with the CDOW to <br />determine the 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 other 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 the Environmental <br />Assessment: • <br />Because the presence o: Grand Kesa Penstemon has been documented in <br />abundance at elevations a'oo:•e 7800 feet, plant survey and project <br />evaluation and approval ~il-_ be required prior to any surface <br />disturbance except subsidence. <br />To protect and preserve 'c:ceding and nesting habitat for the <br />Loggerhead shrike and other neotropical birds, disturbances in <br />sagebrush, Gambel oak stands, a.^.d 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 HLY an inventory of all existing state adjudicated water <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: Che water tight holder, location, source, amount of decree, <br />beneficial use, historical floe, and the appropriation and <br />adjudication daces. <br />The lessee shall replace in a manner consistent with state law the <br />eater supply of any owner of a vested water right which is proximately <br />injured as a result of the mining activities. <br />Other mitigation measures on :rational Forest System Lands will consist of <br />applicable stipulations sec forth in Appendix 2. In addition to the <br />following Conditions of Approval (COA), [here will be additional COA's, • <br />25 <br />