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soil, wildlife, and other resources and uses, and to ensure reclamation of disturbed lands <br />to Forest Service specifications. <br />I have also decided to grant project-specific variances on the follow lease stipulations: <br />• No fuel storage is allowing within 500 feet of any water bodies. <br />• A 1/S mile buffer zone will be protected on either side of riparian zones. No <br />surface disturbances, except surface subsidence, will be permitted within these <br />buffer zones. All unavoidable surface disturbances will be require approval of the <br />BLM and/or the USES authorized officer. <br />Through this analysis and project record review I have decided that these variances are <br />consistent with federal laws and the GMUG Forest plan and acceptable based on <br />environmental review. The location of project surface disturbances is necessary and <br />unavoidable for Bowie to continue to develop and produce Federal Coal Lease COC- <br />61209; additional Conditions of Surface Use have been included to mitigate any <br />undesirable effects from these variance. <br />I have determined that the proposed project and any activities conducted in compliance <br />with the USDA-FS conditions will not individually or cumulatively have a significant effect <br />on the human environment. I have based by conclusion on information presented in this <br />document and the entirety of the Project Record. <br />The determination that this project is categorically excluded from documentation in an <br />environmental impact statement or environmental assessment is based on the fact the <br />proposal is related to a "short-term (one year or less) mineral, energy, or geophysical <br />investigation and its incidental support activity that may require cross-country travel by <br />vehicles and equipment, construction of less than one mile of low-standard road, [o]r use <br />and minor repair of existing roads' [Ref. FSH 1909.15 Environmental Policy and <br />Procedures Handbook, Chapter 30 Categorical Exclusions from Documentation, Sec. <br />31.2 Categories of Actions for Which a Project or Case File and Decision Memo are <br />Required, No.. S Short-term (one year or less) minerals, energy, or geophysical <br />investigations...]. <br />Extraordinary Circumstances <br />Following the direction at FSH 1909.15, Ch. 30, Sec. 30.3, I considered the following <br />resource conditions in making my determination that there are no extraordinary <br />circumstances associated with the proposed geotechnical boreholes. <br />Federally listed threatened and endangered species or designated critical habitat, <br />species proposed for federal listing or proposed critical habitat, Forest Service sensitive <br />species, and Management Indicator Species (MIS). <br />Threatened, Proposed, Candidate and/or Forest Sensitive Species -Effects <br />Use of the Colorado Lynx Project Decision Screens (June 2004, and the GMUG <br />Lynx Habitat Map, Feb 2006) has determined that the project is not within a Lynx <br />Analysis Unit, and is therefore not considered to be potential lynx habitat. <br />Hubbard Creek at the project site is not suitable for Bald Eagle foraging, and not <br />suitable nesting sites exist in the vicinity. Some potential habitat for the yellow- <br />billed cuckoo exists in the Hubbard Creek canyon, but no cuckoos are known or <br />expected to occur in the project area. <br />With respect to Forest Service Sensitive species, only four species (fringed <br />myotis, spotted bat, Townsend's big-eared bat, and loggerhead shrike) are likely <br />