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ENDANGERED OR THREATENED SPECIES -The FS is responsible for assuring that the licensed land is <br />examined prior to undertaking any surface-disturbing activities to determine effects upon any plant or animal <br />species listed or proposed for listing as endangered or threatened, or their habitats. The findings of this <br />examination may result in some restrictions to the operator's plans or even disallow use and occupancy that <br />would be in violation of the Endangered Species Act of 1973 by detrimentally affecting endangered or <br />threatened species or their habitats. <br />The licensee/operator may, unless notified by the FS that the examination is not necessary, conduct the <br />examination on the licensed lands at his discretion and cost. This examination must be done by or under the <br />supervision of a qualified resource specialist approved by the FS. An acceptable report must be provided to the <br />FS identifying the anticipated effects of a proposed action on endangered or threatened species or their habitats. <br />The following conditions shall also apply to the Jeep Trail Federal Coal Exploration License, should <br />BLM issue it: <br />Administrative <br />1. A pre-work meeting will be required prior to project implementation. The Forest Service must be notified <br />of any proposed alterations to the plan of operations. Any changes to the existing plan are subject to Forest <br />Service review and approval. <br />2. The operator will notify the USFS Paonia Ranger District 48 hours in advance of mobilizing heavy equipment <br />(including road maintenance equipment) onto National Forest System lands. <br />3. The Operator have the responsibility to see that their exploration and construction operations are conducted in <br />such a mariner which (1) conforms with applicable Federal laws and regulations, and (2) with State and local <br />laws and regulations to the extent that such State and local laws are applicable on Federal leases. <br />4. A person designated by the company to make decisions will be on site during initial disturbance and set up. <br />Wildlife <br />5. Each year of project implementation the operator will perform breeding birds surveys in accordance with <br />USFS direction and policy. Habitat type and species of concern will be determined by the Responsible <br />Official in cooperation with the District Wildlife Biologist. <br />6. Surveys for raptors shall be conducted prior to surface disturbing activities to determine locations of <br />individuals or populations of these species. This applies specifically to goshawks, peregrine falcons, and <br />golden eagles but may apply to other species if located during surveys. <br />No activities shall be allowed within '/, mile of an active northern goshawk nest from March 1 to <br />July 31 if they would cause nesting failure or abandonment (LRMP 111-26). <br />• No activities shall be allowed within one mile of an active bald eagle or peregrine falcon nest from <br />February 1 to July 31 if they would cause nesting failure or abandonment. (LRMP 111-33). <br />• No surface occupancy beyond historic levels within 1/. mile radius of active golden eagle nests. <br />(CDOW 2008). Seasonal restriction to human encroachment within '/s mile radius of active nests <br />from December 15 through July 15. (CROW 2008). <br />7. No activities shall be allowed within''/. mile of an active flammulated owl nest from March 1 to July 31. <br />Water geSources <br />8. No refueling or lubricating would take place within 100 feet of wetlands and other waterbodies or <br />drainages. Hazardous materials, chemicals, fuels, etc. would not be stored within 100 feet of wetlands or <br />surface waters unless it is within the confines of the constructed drill pad.