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March 2000 Record of Decision Page 8 5. If there is reason to believe that new individuals or populations of Threatened or Endangered, or Sensitive (TES) species of plants or animals, or migratory bird species of high Federal interest occur in the area, the Lessee shall be required to conduct an intensive field inventory of the area to be disturbed and/or impacted. The inventory shall be conducted by a qualified specialist and a report of findings will be prepared. A plan will be prepared making recommendations for the protection of these species or action necessary to mitigate the disturbance. The cost of conducting the inventory, preparing reports and carrying out mitigating measures shall be borne by the Lessee. (Mitigations V-2, TW-1, TW-2). 6. With respect to bald or golden eagle nests which may be established on the Elk Creek Coal Lease during the life of the project, the following shall apply: No new permanent surface facilities or disturbances shall be located within a 1/4 mile radius buffer zone around each bald or golden eagle nest site. b. No above ground activities will be allowed within a'/z mile radius buffer zone around each active eagle nest site from November 15 to July 30 for bald eagles, and around each active golden eagle nest site from February 1 to July 15. c. Any proposed surface facilities, disturbances or activities (noted above) in, or adjacent to, these buffer zones will require approval from the BLM or USFS on asite-specific basis, after consultation with the U.S. Fish and Wildlife Service. 7. With respect to bald eagle winter roost sites or concentration areas which may become established on the Elk Creek Coal Lease during the life of the project, the following special stipulation shall apply: No above ground activities will be allowed within a 1/4 mile radius of winter roosts between November 15 and March 15; development may be permitted at other periods. If periodic visits are required within the buffer zone after development, activity should be restricted to the hours of 10:00 am and 2:00 pm from November 15 through March 15. 8. With respect to other raptors (except American Kestrel) which may occur or become established on the Elk Creek Coal Lease during the life of the project, the following special stipulation shall apply: Conduct surveys for nesting raptors on the lease tract prior to development of any surface facilities. No surface activities will be allowed within ~/z mile radius of active nest sites between the dates of February 1 and August 15, unless authorized BLM or USFS on a site specific basis. 9. No surface disturbance or facilities will be located in occupied Southwest willow flycatcher habitat. Prior to any planned disturbance within riparian habitats on the lease, the Lessee must: 1) Survey the area of the proposed disturbance for suitable Southwest willow flycatcher habitat, and survey all suitable habitat for the presence of the species. All habitat and species surveys must be in accordance with the accepted U.S. Fish and Wildlife Service protocol; 2) Provide the Forest Service -Elk Creek Coal Lease Tract