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Lease modification and any subsequent underground coal development and mining would not impact these species unless surface disturbing activities, other than subsidence, result from the mining activities. Previous applications of [his criteria in [he Nonh Fork area have focused on [he protection of riparian zones as a habitat type that is limited in availability and essential to migratory species of high federal interest. No riparian zones exist on this proposed tract, however, limited riparian habitat does exist at the lower end of Hawksnest Creek a[ its confluence with the North Fork of the Gunnison River. This riparian area is some distance from the tract and would not be affected by mining on the proposed modification area. The majority of the habitat present on the tract is the common mountain shrub community that would not be considered high priority habits[ for the species listed. At this time there is no data to indicate that raptor nesting is occurring on the lease modification tract. The entire tract is, therefore, considered suitable for coal leasing with [he following stipulation: 1) Raptors - a) Prior to development of any surface facilities, nesting raptor surveys must be conducted on the tract. b) No surface activities will be allowed within one half mile of an active nest between February land August I~. Exceptions will require approval of the BLbt authorized officer. Criterion IS Federal lands which the surface management agency and the state jointly agree are habitat for resident species of fish, wildlife and plants of high interest to the state and which are essential for maintaining these priority wildlife and plan[ species shall be considered unsuitable. Examples of such lands which serve a critical function for the species involved include: (i) active dancing and strutting grounds for sage grouse, sharp-[ailed grouse, and prairie chicken, (ii) winter ranges crucial for deer, antelope, and elk, (iii) migration corridor for elk, and (iv) extremes of range for plant species. 1) Exception - A lease may be issued if, after consultation with the state, [he surface management agency determines that all or certain stipulated methods of coal mining will not have a significant long-term impact on the species being protected. nal sis The review area has been determined by the Colorado Division of Wildlife to be winter range for deer and elk, but no crucial winter range is present for mule deer or elk. Underground coal mining, without surface disturbance, other than subsidence, would not effect winter range values. If surface disturbing activities are proposed a[ a later date, some winter range values would be degraded or lost for [he life of the mine. No other federal lands within the review area, or off-site that would be effected by the proposed action are considered critical or essential habitat for resident species of fish, wildlife or plants of high interest to the slate of Colorado (CO Statutes, 1988). Criterion 16 Federal lands in riverine, coastal, and special Floodplains (100-year recurrence interval) on which the surface management agency determines that mining could not be undertaken without substantial threat of loss of life or property shall be considered unsuitable for all or certain stipulated methods of coal mining. Analysis No lands within the review are within Floodplain areas. -7-