2012-09-20_PERMIT FILE - C1981022 (2)

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5) With respect to bald or golden eagle nests which may be 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 a site - specific basis, after consultation with the USFWS. x 6) With respect to bald eagle winter most sites or concentration areas which may become established on the lease during the life of the project, the following special stipulation shall apply: (1) No above ground activities will be allowed within a 114 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 allowed 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. Big Came Winter Range 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. Water 9) Lessee shall replace, in a manner consistent with state law, the water supply of any owner of a vested water right which is proximately injured as a result of the mining activities. 10) Lessee, will conduct an inventory of all existing water sources (including gain /loss analyses on Elk, Bear and Hubbard Creeks) adjacent to, originating on or flowing over the lease tract (including state adjudicated water rights, stock ponds, springs, etc.) which may be impacted by subsequent mining activities. At a minimum, this inventory will include: the water right holder, location, source, amount of decree, beneficial use, current and historical flow, (including seasonallannual variation), and the appropriation and adjudication dates, In addition to the water inventory, the lessee shall be required to establish a water resource monitoring program to locate, measure and quantify the progressive and final effects of underground mining activities on the water resources potentially affected by mining. Monitoring of water resources would continue until a determination is made by the CDMG that there would be no injury to water resources. 11) Lessee shall formulate a water replacement plan to replace the possible loss of water resulting from mining activity of the lease. The water replacement plan will Include all existing water sources, including those presently adjudicated and historically put to beneficial use In the Elk Creek, Bear Creek, and Hubbard Creek drainages. The water replacement plan for each respective drainage shall be developed after consultation with affected water right users and federal and state authorities, and shall be approved by state authorities before mining in the particular drainage. At a minimum, the water replacement plan will require, upon injury, replacement of wat2r of suitable quality and water right seniority to provide for all existing uses (including sources supporting livestock and ecosystem, and other land uses as authorized by 36 CFR 251) and be delivered to existing points of diversion in a timely manner. As part of each water replacement plan, the lessee shall demonstrate its legal and