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March 2000 Record of Decision Page 9 10. With respect to mule deer and elk crucial winter range that may be established by CDOW on BLM managed lands on the Elk Creek Lease during the life of the project, the following shall apply: Coal related facilities and surface disturbances except subsidence will be authorized in the review area only if no practical alternatives exist. The BLM will coordinate with the Colorado Division of Wildlife to determine the type and extent of allowable variances. Coal exploration, facility construction, and major scheduled maintenance will not be authorized within these crucial winter ranges from December 1 through April 30. All unavoidable surface disturbances within these crucial winter ranges during these times will require approval of the Authorized Officer. (Mitigation TW-3, Unsuitability Criterion 15) 11. Fueling and lubricating vehicles will be prohibited within 100 feet of streams and wetlands. No fuel storage will be allowed within 500 feet of any water bodies. (Mitigation AR-1) 12. Mining that would cause subsidence will not be permitted within a zone under Bear Creek, Hubbard Creek and Elk Creek. The zone is determined by projecting a 25 degree angle of draw (from vertical) from the surface expression of the creeks, down to the top of the coal seam to be mined. (Mitigation SW-3, SW-5, SW-7, S-4, GW-2, GW-3, and GW-4) 13. A pillar stability analysis shall be used to design chain or barrier pillars needed to protect surface resources for long term structural integrity. (Mitigation S-4) 14. Cultural and Paleontological Resources. Prior to any surface disturbing activities, including subsidence, the lessee shall conduct a cultural resources survey and paleontological assessment of all previously unsurveyed areas that will be directly impacted by operations under this lease. The survey shall be an intensive field inventory of cultural, historical, and archaeological values, including, but not limited to, any and all objects of antiquity, historic or prehistoric ruins and artifacts, or other specimens of scientific interest. If the paleontological assessment demonstrates a need for a site specific inventory, this survey will also be performed. (a) Surveys shall be conducted by a qualified professional cultural or paleontological resources specialist approved in advance by the Uncompahgre Field Manager. A report on the survey and recommendations for protecting any identified cultural or paleontological resources shall be submitted to the Uncompahgre Field Manager. After review and approval of the report, surface disturbing operations may be further conditioned with the imposition of additional stipulations for protection of the identified cultural or paleontological resources. (b) The cost of the cultural or paleontological resources survey, the report, and any measures to protect cultural or paleontological resources identified thereby shall be borne by the lessee. All identified items shall remain the property of the appropriate surface owner, but the United States reserves its right and obligation under applicable law to take action necessary to protect, preserve, or acquire such items. (c) If any items or features of historical, cultural or archaeological value are discovered during lease operations, the lessee shall immediately notify the Uncompahgre Field Manager and shall not disturb such items or features until the Uncompahgre Field Manager issues instructions. If the lessee is ordered to take measures to protect any items or features of historical, cultural or archaeological value discovered during lease operations, the cost of the measures shall be borne by the lessor and such items and features shall remain under the jurisdiction of the United States.(Mitigation C-1) BLM -Elk Creek Coal Lease