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

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consultation with the USFwS will be required to determine suitable conservation measurers to prevent a 'take" under section 9 of the Endangered Species Act. Conservation measures may include avoidance of the occupied habitat, establishment • of a bu:'_fer zone wind seasonal restriction around occupied habitat, or ochex~s developed for the specific site. In accordance with current protocol, sun,•eys for the presence of the species are valid for only one year. (c) Wildlife. (1) Raptors. (A) With respect to bald or golden eagle nests which mcay be established on the Iron Point Tract during the life of the project, the following shall apply: (i) No new permanent surface facilities or disturbances shall be located within as 1/4 mile radius buffer zone around each bald or golden eagle nest site. (ii) No above ground activities will be allowed within a 1/2 mile radius buffer ::one around each active eagle nest site from 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 surface facilities, disturbances or activities (noted above) :.n, or adjacent to, these buffer zones will require approval from the HLM or USFS on a site-specific basis, after consultation with the USFWS. (B) With respect to bald eagle winter roost sites or concentration areas which meiy become established on the iron Point Tract during the life of the: project, the following special stipulation shall apply: (i) No above ground activities will be allowed within a 1/4 mile radius of winter a'oosts 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. and 2 p.m. from November- 15 through March 15. (C) With respect to other raptors (except American Kestrel) which may occur • or become established on the Iron Point Tract during the life of the project, the following special stipulation shall apply: (i) Conduct surveys for nesting raptors on the lease tract prior to development of any surface facilities. No surface activities will be allowed within 1/2 mile: radius of active nest sites between the dates of Feb^.xaxy 1 and August 15, unless aiuthorized by BLM or USFS on a site specific basis. (2) Hie Game winter Ranee. (A) with respect to mule deer and elk crucial winter range that may be established by Colorado Division of Wildlife (CDOY7) on BLM managed lands on the Iron Point Tract during the life of the project, the following shall apply: (i) Coal related facilities and surface disturbances except subsidence will be authorized in the review area only if no practical alternatives exist. The BLM will coordinate with the CDOW to determine the type and extent of allowable variances. Coal exploration, facility construction, and majcr scheduled meiintenance will not: be authorized within t::ese crucial winter ranges from December 1 through April 30. All unavoidable surface disturbances within these c^.xcial winter- ranges during these times will require approval of the authorized o " icer. (d) water. (1) Water Replacement Plan. (A) Lessee shall reclace in a manner consisee:nt with state law the water supply of any owner or a vested water x-ight which ie. proximately injured as a result of the mining activities. (B) Lessee, before issuar_ce of the Colorado Division c' Minerals and Geology (CDMG) mine permit, will conduct an inventory of all existirc -water sources (includi.ng gain/loss analyses on moth Terror and Hubbar3 Creeks) adjacent t:o, originating on or flowing over t`e lease tract (including state adjudicated water rights, stock ponds, snrinas, etc.) which may be impacted by s•.:bsequent mi:iinc activities. At a minimcm, this inventory will include:the water right ho'_der, locatior:, source, amount of decree, beneficial use, current and historical flow (includi.ng seasonal/a.^.:ual variat'_on), and the anoropriatior. a,d adjudicaci.on daces. In addition to the water invenco-r, the Lessee shall be requ`_re3 to establish a water resource monitoring proara-: to locate, measure and qua~t~y the progressive and final effects o' undergx-ound :Wining activities on the water resources occencia'_ly a"_ected by mining. wonitoring of water resources would contin~.e until a