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5. The Licensee will be required to obtain a Road Use Permit (RUP) from the Forest <br />Service prior to any use of NFS classified roads. Construction and maintenance of <br />roads on the Forest will be performed only upon authorization of the District Ranger. <br />New roads on the Forest will be designed and constructed to provide maximum stability <br />and protect the surface resource. All roads on the National Forest will be maintained or <br />constructed to USFS specified standards for either classified or unclassified roads, as <br />appropriate and approved by the USFS. <br />6. A person designated by the company to make decisions will be on site during initial <br />disturbance and set up. <br />7. Staging areas, if on NFS lands, must be approved in advance by the Paonia District <br />Ranger. <br />Soils <br />8. Temporary roads and drill pads will be designed to minimize erosion and sedimentation. <br />Drill pads will be sized to minimize surface disturbance. Drill pads will be designed to <br />prevent or diminish overland flow from entering the site during precipitation events. Pad <br />sites will be sloped to drain spills and on-site precipitation into the mud pits. If <br />necessary, pits will be pumped out to reduce their content and insure that overflow does <br />not occur. Fluids will be contained on site; and if necessary, disposed of off NFS lands <br />unless approved otherwise after being shown to be free of likely hazardous materials. <br />9. The Licensee will be responsible for soil preservation/protection and final reclamation, <br />including mitigating soil losses due to erosion. Topsoil will be segregated, located to <br />minimize soil contamination and/or loss, and used in reclamation. Rock material needed <br />for use as barriers may be separated during reclamation. <br />10. All surface disturbing activities including reclamation must be supervised by an <br />authorized representative of the Licensee who is aware of the terms and conditions of <br />the projects•permits/licenses. The Licensee will provide the Forest Service with a list of <br />authorized representatives prior to surface disturbance on NFS lands. The Licensee will <br />have an authorized representative available to be on site within 2 hours of a Forest <br />Service request. A copy of the appropriate permits/licenses must be available for review <br />at the West Elk Mine office and presented upon request to any Forest Service official. <br />11. The Licensee will be responsible for controlling noxious weed infestations on all NFS <br />project disturbance areas from the date of discovery up to the point of release of the <br />CDMG reclamation bond and associated reclamation liability. Any herbicides used must <br />be USFS approved and will be applied at the recommended rates. <br />Wildlife <br />12. With respect to goshawks and other raptors (except American Kestrel) which may occur <br />or become established on the CEL during the life of the project, the following special <br />condition shall apply: <br />Conduct pre-construction surveys for nesting raptors on the CEL prior to any surface <br />disturbance. No surface activities will be allowed within % mile radius of active nest <br />sites between the dates of February 1 and August 15, unless authorized by the Forest <br />Service on a site-specific basis.