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As part of the Hine and Reclamation Permit Application Package, the <br /> lessee shall furnish to the Regulatory Officer at the Office of <br /> Surface Mining, an estimate of the average annual water depletion <br /> • resulting from the proposed action. This will require the project <br /> proponent's one-time contribution to the Recovery Program in the <br /> amount on $11.50 per acre-foot of the project's average annual <br /> depletion, unless the one-time contribution has already been made. <br /> Arrangements for receiving the remitted funds from the lessee will be <br /> coordinated directly with the lessee by the permitting entity. These <br /> funds must be provided to the National Fish and Wildlife Foundation <br /> (Bender Building, 1120 Connecticut Avenue N.W. , Washington, DC 20036) , <br /> prior to the permit approval. Failure or refusal to remit any <br /> remainder of the contribution will result in the withdrawal of any <br /> previous issued lease(s) or approval authorization. (Additional <br /> revisions to this stipulation or new stipulations on the lease may be <br /> required at a future date pending the results of the formal <br /> consultation with USFWS) . <br /> The lessee shall replace in a manner consistent with state law the <br /> water supply of any owner of a vested water right which is proximately <br /> injured as a result of the mining activities. <br /> The lessee, before issuance of the mine permit, will conduct and <br /> provide to BLM 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: the water right holder, location, source, amount of decree, <br /> beneficial use, historical flow, and the appropriation and <br /> adjudication dates. <br /> The following issues will be looked at during the mine plan stage: <br /> With respect to bald or golden eagle nests which may be established on <br /> the review area during the life of the project, the following shall be <br /> applied. No new permanent surface facilities or disturbances shall be <br /> located within a 1/4 mile radius buffer zone around each bald or <br /> golden eagle nest site. No surface activities will be allowed within <br /> a 1/4 mile radius buffer zone around each eagle nest site from March 1 <br /> to July 1. Any proposed activities in, or adjacent to, these buffer <br /> zones (except routine maintenance) will require approval from the BIS, <br /> on a site-specific basis, after consultation with the U.S. Fish and <br /> Wildlife Service. <br /> To protect and preserve breeding and nesting habitat for the <br /> Loggerhead shrike, disturbances in sagebrush and oak stands should be <br /> avoided to the extent possible. <br /> Where possible avoid surface disturbance to areas overlain by the <br /> Fughes loam soil series. <br /> The above mitigating measures were identified in the EA. Any additional <br /> measures necessary will be identified and dealt with at the time the Mine <br /> and <br /> d Reclamation Plan Permit Application is approved. <br /> 2 <br />