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3 <br />prepared. A plan will be prepared making recommendations for the protection of these species or action <br />necessary to mitigate the disturbance. The cost of conducting the inventory, preparing reports and carrying <br />out mitigating measures shall be borne by the lessee. <br />(e) Wildlife. (1) Raptors. (1) With respect to Bald Eagle winter concentration areas: <br />a) No surface activities, except subsidence, may occur within the bald eagle winter <br />concentration area between the dates of December 1 through April 15. Any proposed activities in the bald <br />eagle concentration area, during the closed period, must be approved by the authorized officer, after <br />consultation with the U.S. Fish and Wildlife Service (USFWS). <br />(2) With respect to water depletions and impacts on endangered fish and critical habitat: <br />a) In the future, if water to be used for mine related activities is to be taken from a source <br />that is not considered to be non-tributary waters by the USFWS or which exceeds a depletion amount <br />previously consulted upon, the permitting agency must enter into consultation with the USFWS to <br />determine appropriate conservation measures to offset effects to listed fish and critical habitat in the upper <br />Colorado River Basin. <br />(3) With respect to bald or golden eagle nests which may be established on the review area during <br />the life of the project, the following special stipulations shall be applied: <br />a) No new permanent surface facilities or disturbances, except subsidence, shall be located <br />within a % mile radius buffer zone around each bald or golden eagle nest site. <br />b) No surface ground activities will be allowed within a 1/2 mile radius buffer zone around <br />each bald eagle active nest site from November 15 to July 30, and around each active golden eagle nest site <br />from February 1 to July 15. <br />c) Any proposed surface facilities, disturbances or activities (as noted above) in, or adjacent <br />to, these buffer zones will require approval from the Bureau of Land Management (BLM) or U.S. Forest <br />Service (USFS) on a site-specific basis, after consultation with the USFWS. <br />(4) With respect to bald or golden eagle roost sites or concentration areas which may be established <br />on the review area during the life of the project, the following special stipulations shall be applied: <br />a) No surface ground activity, except subsidence, shall occur within a 1/4 mile radius of <br />winter roosts between November 15 and March 15, development may be permitted at other periods. If <br />periodic visits are required within the buffer zone after development, activity should be restricted to the <br />hours of 10 am and 2 pm from November 15 through March 15. <br />b) No surface activities, except subsidence, may occur within the bald eagle winter <br />concentration area between the dates of December 1 through April 15. Any proposed activities in the bald <br />eagle concentration area during the closed period must be approved by the authorized officer, after <br />consultation with the USFWS. <br />(5) With respect to other raptors (except American Kestrel) which may occur or become established <br />on the West Flatiron Tract during the life of the project, the following special stipulation shall apply: <br />•