2010-11-16_PERMIT FILE - C1996083A (26)

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JAN. -06' 04 (TUE) 08:30 P 001 2 • and FJi.ldlife Service (USFWS) protocol; (ii) Provide the results of all Surveys to the [7SFWR, the Uncompahgre Field Office of BLM and C11e Paonia Ranger District of the I7SFS; (iii) If ^uitable habitat or individuals are located in r.F.e area, consultation with the USFyJS will be required to determine suitable conservation measures to prevent a "take" under. section 9 of the Endangered Species Ac r.. Conservation measures may i.nrlude avui.dance of the occupi.ad habitat, establishment of a ]suffer zone and seasonal restriction around occupied habitat, or others developed fO,r, the specific site. In accordance with currant protocol, surveys for the presenco of the species are valid for only one year. (c) wildlife. (1) Raptors. (A) With respect to bald or golden eagle nests which may be established on the iron Point lease during the life of the project, khe fallowing shall apply: li) No new permanent surface facilities or disturbances shall be located within a 1/~1 mile radius buffer .one around each bald or golden eagle nest site. fir) No above ground arri.vities wi.l.l be allowed within a 2 mile radius buP.fer. zone around each active eagle nest site front November 15 to July 30 for bald eagles, and around each active golden eagle nest site from February 1 to July 15. (iii) Any proposed surfaco facilities, disturbances or. activities (noted above} in, or adjacent to, these buffer zones will require approval from the BLM or USFS on a site-specific basis, after consultation with the USFWS. (B) With respect to bald eag1C winter roost sites or concentration areas • which may became established on the Iron Point lease during the life of: the project, the following special stipulation shall apply: (i) No above ground acr.ivir.ies will be allowed within a 1/4 mile radius of winter roosts between November 15 and March 15; development may be permitted at other periods, if periodic visits are required within the buffer zone after development, activity should be restricted to the hours of 10 a.m. arzd 2 p.rn. Brom November 15 through March 15. (C) With respect to ocher. raptors (except American Kestrel) which may occur or become established on cho Izcn Point lease during the life of L•he project, L'he following special sL-ipulatien sr all apply: (i) Conduce surveys for neGCiny raptors on the lease tract prior to development of any surface facilities. No surface activities will be allowed within 2 mile radius of active nest sitar between the dares of I'ebrua_ry .1 and August 15, unless authorized by HLM or USFS on a site specific basis. (7) gin Game winter Ra ere. (A) With respect to mule deer and elk crucial. winter range that may be established by Colorado Division of. Wildlife ICDCW) on BLM managed lands on the Iron point lease during the life of the project, the following shall apply: (i.) Coal .related facilities and surface die L'urbances except sub9ldence will be authorized in the review area only if no practical alternatives exist. The HLM will coordinate with the CDOW to determine the type and extent oC allowable variances. Coal exploration, facility construction, and major scheduled maintenance will not be authorized within these crucial winter ranges frog. December 1 thrnugh April 30. All unavoidable surface disturbances within these crzcial winter ranges during these times will require approval of the authorized officer, (dl Water.. (1) ?'ter Awn Ln cement flan. (A1 Lut;see shall replace in a manner consistent with sCdte law the water supply of any owner of a vested water. right which is proximately injured as ,~ result of the mining activities.