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Criterion 1: The lands within Sections 14, 22, 23, and 26, T.13S., R.90W., 6th PM were <br />proclaimed.National Forest on May 12, 1905 and are within the Gunnison National Forest. <br />These lands are considered suitable for coal mining after applying the exception to Criteria <br />Number 1. <br />Criterion 2: The Forest Service issued special use permit to Mountain Coal Company (01 /30/92) <br />for spring developments and water transmission lines located in portions of sections 21 and 22, <br />T.13S., R.90W., 6th PM. Under Criterion 2, federal lands within surface leases are unsuitable <br />for coal mining. A coal lease may be issued if the underground mining will not interfere with the <br />special use permit and the parties involved in the special use permit (Mountain Coal Companyl, <br />agrees, in writing, to coal leasing. <br />Criterion 3: Also unsuitable for mining or surface disturbances is Colorado State Highway 133 <br />after the application of Criterion Number 3. No mining related disturbances will occur within <br />100 feet of the outside line of the right-of-way of Colorado State Highway 133 (18 acres) as <br />shown on Map 1. The angle of draw used to protect the State Highway from subsidence will be <br />dictated by the approved CMLRD Mining and Reclamation Plan, (the estimated angle of draw is <br />25 degrees). However, mining related disturbances may occur if, after public notice and the <br />opportunity far public hearing in the locality, a written finding is made by the Authorized Officer <br />that the interests of the public and the landowners affected by mining within 100 feet of a <br />public road will be protected. <br />Criterion 9: With respect to water depletions resulting from this action that 'may affect" the <br />endangered Colorado squawfish, humpback chub, bonytail chub, and razorback sucker and their <br />critical habitat in the Upper Colorado River basin, the following special stipulation shall be <br />applied: <br />The Service has determined that water depletion impacts can be offset by the project <br />proponents' one-time contribution to the Recovery Program in the amount of 12.34 per <br />acre foot of the projects average annual depletion. The proponent should make payment <br />to the National Fish and Wildlife Foundation. <br />National Fish and Wildlife Foundation <br />Suite 900 <br />1120 Connecticut Avenue, N.W. <br />Washington. D.C. 20036 <br />Criterion 1 1: With respect to bald or golden eagle nests which may be established on the <br />review area during the life of the project, the following special stipulations shall be applied: <br />No new permanent surface facilities or disturbances shall be located within a 1 /4 mile <br />radius buffer zone around each active bald or golden eagle nest site. <br />2. No activities will be allowed within a 1 /2 mile radius buffer zone around each bald eagle <br />active nest site from November 15 to July 30, and around each active golden eagle nest <br />site from February 1 to July 15: <br />3. Any proposed activities in, or adjacent to, these buffer zones will require approval from <br />the BLM or USFS, on asite-specific basis, after consultation with the U.S. Fish and <br />Wildlife Service. <br />Criterion 12: With respect to bald or golden eagle roost sites or concentration areas which may <br />be established on the review area during the life of the project the following special stipulation <br />shall be applied: <br />Appendix I, Page 11 <br />