2011-03-22_PERMIT FILE - C1981022A (2)

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3. To protect and preserve breeding and nesting habitat for the Loggerhead shrike, and other Neo- tropical birds, disturbances in sagebrush, Gambel oak stands, and riparian areas will be avoided to the extent practicable. 4. No surface disturbance or facilities will be located in occupied Southwest willow flycatcher habitat. Prior to any planned disturbance within riparian habitats on the lease, the lessee must: (i) Survey the area of the proposed disturbance for suitable Southwest willow flycatcher habitat, and survey all suitable habitat for the presence of the species. All habitat and species surveys must be in accordance with the accepted U.S. Fish and wildlife Service (USFWS) protocol; (ii) Provide the results of all surveys to the USFWS, the Uncompahgre Field Office of BLM and the Paonia Ranger District of the USFS; (iii) If suitable habitat or individuals are located in the area, consultation with the USFWS will be required to determine suitable conservation measures to prevent a "taken under section 9 of the Endangered Species Act. Conservation measures may include avoidance of the occupied habitat, establishment of a buffer zone and seasonal restriction around occupied habitat, or others"developed for the specific site. In accordance with current protocol, surveys for the presence of the species are valid for only one year. 5. With respect to bald or golden eagle nests which maybe established on the lease during the life of the project, the following shall apply: (i) No new permanent surface facilities or disturbances shall be located within a 1-mile-radius buffer zone around each bald or golden eagle nest site. (ii) No above ground activities will be allowed within a 1 mile radius buffer zone 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) in, or adjacent to, these buffer zones will require approval from the BLM or USFS on asite-specific basis, after consultation with the USFWS. 6. With respect to bald eagle winter roost sites or concentration areas which may become established on the lease 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 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 am and 2 pm from November 15 through March 15. 7. With respect to other raptors (except American Kestrel) which may occur or become established on the lease 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 allow within 1 mile radius of active nest sites between the dates of February 1 and August 15, unless authorized by BLM or USFS on a site specific basis. 8. With respect to mule deer and elk crucial winter rage that may be established by Colorado Division of Wildlife (CDOW) on BLM managed lands on the lease 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 co- ordinate with the CDOW to determine the type and extent of allowable variances. Coal exploration, facility construction, and major scheduled maintenance will not be authorized within these crucial winter ranges from December 1 through April 30. All unavoidable surface disturbances within these crucial winter ranges during these times will require approval of the authorized officer.