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The two listed plant species which occur in the region, do not occur on the lease modification area. There is no designated critical habitat for any listed plant species on or near the lease modification area.' A review of the information in the Draft North Fork Coal EIS (1999), indicates that the none of the agency sensitive plant species would be found on the lease modification tract. There is no designated critical habitat for any federally listed species on or near the lease modification tract. Critical habitat for the listed Colorado River fish exists on the lower Gunnison River, downstream of Delta Colorado, and on the Colorado River. Of the other listed species with potential to occur on, or be impacted by activities on the lease modification vac[, only the bald eagle occurs on the lease tract. Bald eagles winter in [he Gunnison Rivet- basin often using the river systems as a foc:il point for movement and roosting. Bald eagles use the North Fork of the Gunnison during the winter months. and the surrounding uplands for foraging. There are no known communal roosts or bald eagle nests on, or near, the lease modification tract. Since the tract does not support riparian or wetland habitats, there is no habitat present for southwestern willow flycatchers, boreal toads, or leopard frogs. The recently delisted peregrine falcon may make use of the lease tract en rare occasion for foraging or daring migration. Occupied nest sites for peregrine falcons are known to occur in the Gunnison Gorge, on the Uncompahgre Plateau, and near Crawford, Colorado. There are no essential habitats for peregrine falcons on or adjacent to the lease tract. General concerns relative to potential mining-related water quantity/quality impacts on T&E fish species occumng downstream in the Gunnison and Colorado rivers have been previously evaluated. U.S. Fish and Wildlife Section 7 Consultations (9/1996) have been conducted relative to the mine's consumptive use of water from the North Fork of the Gunnison. These consultations have resulted in a determination that the mine's water use would not result in significant depletion or reduction of in-stream flows and would, therefore not adversely affect downsveam habitat conditions. The proposed modification is not likely to result in ¢reater water depletions that would impact listed fish. Similarly, both disturbed area runoff and mine water discharge from ongoing mining operations aze subject to controls and effluent water quality limitations under existing Colorado Department of Public Health and Environment -Water Quality Control Division (CDPHE-WQCD) Colorado Discharge Permit System (CDPS) permits which effectively protect the water quality of [he receiving drainage. During the development of the mine operations for this lease if additional water use or depletions become evident, further consultation with the U.S. Fish and Wildlife Service will be required. Environmental Consequences & Mitigation: Proposed Action: Given the lack of designated critical habitat and the low to negligible potential for occurrence of Threatened, Endangered, candidate, proposed, or sensitive species, combined with the fact [hat the Proposed Action would result in no direct surface disturbance, these species would no[ be impacted. The modification area was evaluated for the Coal Unsuitability Criteria (Appendix A); specific stipulations resulted from the application of the criteria concerning bald and golden eagles and raptors. The conditions are fisted below. No effect. Mitigation: The following mitigation measures resulted from the application of Coal Unsuitability Criteria 1 (Appendix A). / 1. With respect to bald or golden eagle nests which may be established on the review area during the life of the project, the following special stipulations shall be applied: 1) No permanent surface facilities or disturbances, except subsidence, shall be located within a 1/4 mile radius buffer zone around each bald or golden eagle nest site. 2) No surface activities will be allowed within a ~/ mile radius buffer zone around each bald eagle nest site from November l5 through July 30, and each golden eagle nest site from February I to July l~. 3) Any proposed activities in, or adjacent to, these buffer zones will require approval from the BLM, an asite-specific basis, after consultation with the U.S. Fish and Wildlife Service. 8-