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V. MITIGATION MEASURES The following restrictions are the result of the application of the Unsuitability Criteria After the application of Criterion Number 16, the 100-year floodplain of the North Fork of the Gunnison River (approximately 16 acres) is unsuitable for coal mining. The Forest Service issued special use permit to Mountain Coal Company 101 /30/92) for spring developments and water transmission lines located in portions of sections 21 and 22, T.13S., R.90W., 6th PM. Under Criterion 2, federal lands within surface leases are unsuitable for coal mining. A coal lease may be issued if the underground mining will not interfere with the special use permit and the parties involved in the special use permit IMountain Coal Companyl, agrees, in writing, to coal leasing. No miring related disturbances will occur within 100 feet of the outside line of the right-of-way of Colorado State Highway 133 within the tract. The angle of draw used to protect the State Highway from subsidence will be dictated by the approved CMLRD Mining and Reclamation Plan, (the estimated angle of draw is 25 degreesl. However, mining related disturbances may occur if, after public notice and the opportunity for public hearing in the locality, a written finding is made by the Authorized Officer that the interests of the public and the landowners affected by mining within 100 feet of a public road will be protected. For water depletions, as part of the Mine and Reclamation Permit Application Package, the lessee shall furnish to the Regulatory Officer at the Office of Surface Mining an estimate of the average annual water depletion resulting from the proposed action. The project proponent v+ill be required to make aone-time contribution to the Recovery Program in the amount on $12.34 per acre-foot of the project's average annual depletion, unless the one-time contribution has already been made. Arrangements for receiving the remitted funds from the lessee will be coordinated directly with the lessee by the permitting entity. These funds must be provided to the National Fish and Wildlife Foundation (Suite 900, 1120 Connecticut Avenue N.W., Washington, DC 20036), prior to the permit approval. Failure or refusal to remit any remainder of the contribution will result in the withdrawal of any previous issued lease(s) or approval authorization. (Additional revisions to this stipulation or new stipulations on the lease may be required at a future date pending the results of the formal consultation with the Servicel• 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 apply: 1 . No new permanent surface facilities or disturbances shall be located within a 1 /4 mile radius buffer zone around each active bald or golden eagle nest site. 2. No activities will be allowed within a 1 /2 mile radius buffer zone around each active bald eagle nest site from November 15 to July 30, and around each active golden eagle nest site from February 1 to July 15. 3. Any proposed activities in, or adjacent to, these buffer zones will require approval from the BLM or USFS, on asite-specific basis, after consultation with the U. S. Fish and Wildlife Service. With respect to bald or golden eagle roost sites or concentration areas which may be established on the review area during the life of the project the following special stipulation shall apply: No activity shall occur within 1/4 mile radius of winter roosts between November 15 and March 15, development may be permitted at other periods. If periodic visits are required within the buffer zone after development, activity should be restricted to the hours of 10:00 AM and 2:00 PM from November 15 through March 15. No activity shall occur in the identified riparian zones (Map 4). A 1/8 mile buffer zone (660 ft) on either side of the riparian zones will be protected for a buffer zone may be established in accordance with the surface management agency guidelinesl. No surface disturbances, except surface subsidence, will be permitted Page 15