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<br />(b) Pnleontological Reseurees. (1) eetore
<br />beginning surface disturbing activities on the
<br />leased lands, lessen shall contact the BLM
<br />authorized of£ieor to determine whether lessee
<br />will be required to conduct a paleontoltlgital
<br />appraisal of lease areas that may be adversely
<br />affectsd by lsase-related activities. Any
<br />paleontological appraisal required shall be
<br />conducted by a qualified paleontologist approved
<br />b the DLM authorized officer and in the manner
<br />the authorized officer specifics.
<br />(2) Lessee shall not knowingly disturb,
<br />alter, des is oy, or take any larger and more
<br />conspicuous fossils of significant soiontific
<br />interest and shall protect all such fossils in
<br />conformance with the measures included in the
<br />approved mining and reclamation plan or
<br />exploration plan.
<br />(3) These conditions apply to all such
<br />fossils of signilicont scientific interest
<br />discovered within the leased lands, whether
<br />discovered in tho overburden, interbucden, or
<br />coal seam or scams.
<br />(c) Threatened and Sndaagerod Speeias. (1)
<br />?fish. TT,roatcned and or endangered fish species
<br />in the Upper Colorado River Basin have been
<br />idea l'ified as the Colorado squawfish, the
<br />humpback chub, the bonytail chub, and the
<br />razorback socket, Issuance of this lease was
<br />to the National fish and Wildlife Foundation of
<br />a 516,10 water depict i.on charge. The charge was
<br />'[fiver Basin in acoordanee with a U.9. Fish and
<br />wildlife Service Dzalt Biological Opinion
<br />Actso! 1573, ascended (16 hU.S nnC1531 otSse ties
<br />q•)•
<br />Frier to mine permit approval by the OSM,
<br />lessee shall provide evidence of ppayment of the
<br />remainder of the required amount in full to the
<br />National Fish and wildlife Foundation. Failure
<br />or refus:,l to remit the full amount required for
<br />the Recovery 7m lcmentation Program shall
<br />constitute a default o! this lease teem. Lessee
<br />may be subject to additional eonsorvation
<br />measures required by rho U. S. F£sR and Wildlife
<br />Service In its Finnl Diological Opinion.
<br />(2) Plants. Dcfore beginning surlaoe
<br />disturbing activities on the leased lands, lessee
<br />shall conduct a thorough field surveyy for the
<br />occurrence of the Grand~Masa penstamon (penstemon
<br />mensarum) in the Ilawksnest dzai mgo and aspen and
<br />oak stands, or as otheilaise diractcd Dy the DLM
<br />authorized olficar, The survey shall be
<br />conducted by a qualified professional approved by
<br />the autt,orized officer,
<br />An inventory re rt shall be submitted to the
<br />IILM authorized offer. I.assco may ha rcqufired
<br />to avoid areas wl,o rc plants ate found, Sf such
<br />avoidance is possible. where avoidaneo is not
<br />feasible, lesson shall consult with the U.S. Fish
<br />and Wildlife 3ervl cc and with the DLM for
<br />implementation of other mitigation measures.
<br />Lessee shall not commence any surface disturbing
<br />activities until the authorized officer has given
<br />approval to proceed.
<br />(3) Birdg. In order to protest potential
<br />breading and nesting habitat for the loggerhead
<br />shrike (Lanius ludovicianw-^), 1es a~ea shall avoid
<br />disturbing sagebrush and gambel oak shrub
<br />communities to the extent possible.
<br />(d) Wildlife. (1) Raotora. (A) During tho
<br />life of the project, no new permanent surface
<br />facilities or disturbances shall be located with
<br />a M mile-radius buffer zone around each bald or
<br />golden eagle nest site. No surface activities
<br />will be allowed within a M mils-radius buffer
<br />zone around eneh eagle nest life ltom March 1 to
<br />July 1. Any proposed activities in, oc adjacent
<br />to, these buffer zone9 will rec)uire silo specific
<br />approval from the DLM authorized officer after
<br />consultation with the U.S. Fish and Wildlife
<br />Service.
<br />(B) Powerlines and electric transmission
<br />facilities shall conform to accepted raptor
<br />protection designs as presented in ~S» c ta~d
<br />Pza i.es for Ra to rate nn OMP. C
<br />taco of t n A t tin 58 , aptor esearch Report
<br />No. 4 y t e Raptor Research Foundation.
<br />(C) With respect to bald or yoltlen eagle
<br />nests which may be astablishsd on the review area
<br />during the life o! the project, the following
<br />spacial stipulations shall be applied: S)No
<br />permanent surface facilities or disturbances,
<br />except subsidence, shall be located within a H
<br />mile-radius buffer zone around each bald or
<br />golden eagle nest Site. 2) No surface activities
<br />will be allowed within a y mile-radius buffer
<br />zone around each bald eagle nes L' site from
<br />November 15 through July 30, and each golden
<br />eagle Host site from February 1 to July 15. 3)
<br />bulfe ro Tones will =Cles in, or adjacent to, these
<br />quire approval from the BLM,
<br />do a site-s ecific basis, after consultation with
<br />the U.S. Fish and Wildlife Service.
<br />(D) In the event that bald eagle roost or
<br />concentration areas are established on the tract,
<br />no surface activity, except subsidence, shall
<br />occur within H mile of the winter roost between
<br />November 15 and Hatch 15. Visits into t}ie buffer
<br />xona should ba limited to the hours of 10:00 a.m.
<br />and 2:00 p.m.
<br />(E) Rapture - a) Priot ttl development of
<br />¢ny surface facilities, nesting raptor surveys
<br />must be conducted on the tract. b) No .surface
<br />activities will be allowed within '~ mile of an
<br />active nest between February 1 and August 15.
<br />Exceptions will require approval of the 8LM
<br />authorized officer.
<br />(2) Elk Winter Rama. In order to protect
<br />crucial elk winter range, coal-related Lacilitics
<br />antl surfaoe dis turbanec will be authorized in the
<br />review area of the lease only if no leasiblc
<br />alternatives exist, the B7,H will coordinate with
<br />the Colorado Division of Wildlife to determine
<br />the type and extent of allowable variances and
<br />the type and extant o! habitat mitigation needed
<br />Co offset habitat disturbance; all unavoidable
<br />surlate disturbances will require approval of the
<br />BLM authorized officer. Coal exploration,
<br />facility conatzuction, and major scheduled
<br />maintenance Will not be scheduled from December
<br />1 through Apsil 15 to protect crucinl e] k habitat
<br />values.
<br />(s) afar. (1) R~arian zones, in order
<br />co protect riparian zones, no surface disturbance
<br />except surface subsidence will ba permitted
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