2013-07-01_PERMIT FILE - X201322801 (3)

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BLM Uncompahgre Field Office Sunset Trail Area Coal Exploration Plan EA violation of the Endangered Species Act of 1973 by detrimentally affecting endangered or threatened species or their habitats. The lessee /operator may, unless notified by the FS that the examination is not necessary, conduct the examination on the leased lands at his discretion and cost. This examination must be done by or under the supervision of a qualified resource specialist approved by the FS. An acceptable report must be provided to the FS identifying the anticipated effects of a proposed action on endangered or threatened species or their habitats. If there is reason to believe that Sensitive, Threatened or Endangered species of plants or animals, or migratory bird species of high Federal interest are present, or become present in the lease area, the Lessee /Operator shall be required to conduct an intensive field inventory of the area to be disturbed and/or impacted. The inventory shall be conducted by a qualified specialist, and a report of findings prepared. A plan will be made that recommends protection for these species or action necessary to mitigate the disturbance. The cost of conducting such inventory, preparing reports and carrying out mitigation measures shall be borne by the Lessee /Operator. 1. To comply with the GMUG Forest Plan 2008 amendment, the following special constraints will apply if surface use on the lease is proposed in lynx habitat: • Winter access will be limited to designated routes. Further, should surface disturbing operations be proposed on the lease in lynx habitat, the following special constraints will apply: • Remote monitoring of the development sites and facilities will be required to reduce snow compaction. • A reclamation plan (e.g. road reclamation and vegetation rehabilitation) for sites and facilities that promotes the restoration of lynx habitat will be required. • Public motorized use on new roads constructed for project- specific purposes will be restricted. • Access roads will be designed to provide for effective closures and will be reclaimed or decommissioned at project completion if they are no longer needed for other management objectives. • New permanent roads will not be built on ridge tops or in saddles, if possible, or in areas identified as important for lynx habitat connectivity. New roads will be situated away from forested stringers, if possible. 2. With respect to Raptors: • Conduct surveys for nesting raptors on the lease prior to development of any surface facilities, and • No surface activities will be allowed within '/2 -mile radius of active nest sites between the dates of February 1 and August 15, unless authorized by the Forest Service on a site - specific basis. • No surface activities will be allowed within 1 -mile radius of active bald eagle or peregrine falcon nest sites * between the dates of February 1 and August 15, unless authorized by the Forest Service on a site - specific basis. (* No bald eagle or peregrine falcon nest site habitat Sunset Trails Area Coal Exploration Plan EA June 2013 A -2