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<br />A-15 <br />Consideration of availability of habitat for prey species and of terrain shall be included in the <br />determination of buffer zones. Buffer zones shall be determined in consultation with the Fish <br />and Wildlife Service. <br /> <br />Exceptions <br />A lease may be issued if (1) it can be conditioned in such a way, either in manner or period of <br />operation, that eagles will not be disturbed during the breeding season, or (2) the surface <br />management agency, with the concurrence of the Fish and Wildlife Service, determines that the <br />golden eagle nest(s) will be moved, or (3) buffer zones may be decreased if the surface <br />management agency determines that the active eagle nests will not be adversely affected. <br /> <br />Analysis <br />Presently, no bald or golden eagle nest sites exist on federal lands within the review area. A <br />buffer zone of one-quarter mile radius around bald and golden eagle nest sites are considered <br />adequate protection. Underground coal mining and nesting bald or golden eagles are compatible <br />on the same tract of land unless surface facilities or surface disturbance cause nest-site <br />abandonment. Lands are suitable for coal leasing after applying the exceptions to the criteria. <br />With respect to bald or golden eagle nests that may be established on the review area during the <br />life of the project, the following special stipulations would apply: <br />1. No new permanent surface facilities or disturbance except subsidence would be located <br />within a one-quarter mile radius buffer zone around each bald or golden eagle nest site. <br />2. No surface activities would be allowed within a one-half mile radius buffer zone around <br />each active eagle nest site from November 15 to July 30 for bald eagles and February 1 to <br />July 15 for golden eagles. Any proposed surface facilities, disturbance, or activities (as <br />noted above) in or adjacent to these buffer zones would require approval from the surface <br />management agency on a site-specific basis, after consultation with the U.S. Fish and <br />Wildlife Service. <br />CRITERION 12 <br />Bald and golden eagle roost and concentration areas on federal lands used during migration and <br />wintering shall be considered unsuitable. <br /> <br />Analysis <br />The bald eagle is present as a winter resident along the North Fork of the Gunnison River. The <br />river and adjacent habitats are designated as Bald Eagle Winter Forage Range by CPW (2011). <br />Biological surveys indicate that bald eagle activity has been observed along the North Fork <br />Valley, but that no bald eagles have been sighted in the Bowie mine area, or in areas near the <br />mine, for several years. Lands are suitable for coal leasing after applying the exceptions to the <br />criteria. <br /> <br />With respect to bald or golden eagle roost sites or concentration areas which may be established <br />on the review area during the life of the project, the following special stipulation would be <br />applied: