GENERAL53904 - Laserfiche WebLink

Home Browse Search

March 2000 Record of Decision Page 7 111. REQUIRED MITIGATIONlSTIPULATIONS AND MONITORING The stipulations are based on mitigations discussed in the Final EIS and other resource concerns. At the end of each Mitigation/Stipulation, there may be a parenthetical reference (e.g.: Mitigation V-1 and V-2). This refers to where the mitigation was identified in Chapter 3 of the Final EIS. In this example the mitigation could be found in the mitigation table for the Vegetation resource. 1. Any surface disturbance related to installation of degasitication boreholes, ventilation shafts, drill holes or any other surface-disturbing activity must be approved by the surface management agency. The lessee/operator will be responsible for soil preservation/protection and fina{ reclamation. For reclamation that would require reseeding, a certified weed free source of seed would be used. The lessee will be responsible for controlling spread of, and eradicating noxious weeds. (Mitigation SO-1, SO-2, and V-1 and V-3) 2. A 1/8 mile buffer zone (860 fi) will be protected on either side of the riparian zones (or a buffer zone may be established in accordance with the surface management agency guidelines). No surface disturbances, except surface subsidence, will be permitted within these buffer zones unless no practical alternatives exist. All unavoidable surface disturbances will require approval of the BLM's Authorized Officer. The BLM will coordinate with the Fish and Wildlife Service and Colorado DOW to determine the type and extent of allowable variances. A site specific analysis will determine if this stipulation will apply. (Mitigation 5W-3, SW-5, and Unsuitability Criterion 14) 3. 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 results of all surveys to the U.S. Fish and Wildlife Service, the Uncompahgre Field Office of 8LM and the Paonia Ranger District of the USFS; 3) If suitable habitat or individuals are located in the area, consultation with the U.S. Fish and Wildlife Service will be required to determine suitable conservation measures to prevent a "take° under Section 9 of the Endangered Species Act. Conservation measures may include avoidance of the occupied habitat, establishment of a buffer zone and seasonal restriction around occupied habitat, or others developed for the specific site. In accordance with current protocol, surveys for the presence of the species are valid for only one year. (Mitigation SW-5, and Unsuitability Criterion 9) 4. The lessee will conduct an inventory of all existing water sources (including gain/loss analyses on Elk, Bear and Hubbard Creeks) adjacent to, originating on or flowing over the lease tract {including state adjudicated water rights, stock ponds, springs, etc.} which may be impacted by subsequent mining activities. At a minimum, this inventory will include: the water right holder, location, source, amount of decree, beneficial use, current and historical flow (including seasonallannual variation), and the appropriation and adjudication dates. In addition to the water inventory, the lessee shall be required to establish a water resource monitoring program to locate, measure and quantify the progressive and final effects of underground mining activities on the water resources potentially affected by mining. Monitoring of water resources would continue until a determination is made by the CDMG that there would be no injury to water resources. (Mitigation SW-1, S-2, GW-4, and W-2) BLM -Pik Creek Coal Lease Tract