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Federal lands which are high priority habitat for migratory bird species of high federal interest on <br />a regional or national basis, as determined jointly by the surface management agency and the <br />Fish and Wildlife Service, shall be considered unsuitable. ' <br />• 1 . Exception. A lease may be issued where the surface management agency, aher <br />consultation with the Fish and Wildlife Service, determines that all or certain stipulated <br />methods of coal mining will not adversely affect the migratory bird habitat during the <br />periods when such habitat is used by the species. <br />Analysis <br />The following list of migratory bird species of high Federal andlor State interest are known, or <br />considered likely, to breed and nest within the review area or vicinity: <br />Band-tailed pigeon Lewis' woodpecker <br />Black swift Peregrine falcon <br />Cooper's hawk Prairie falcon <br />Flammulated owl Western bluebird <br />Golden eagle Williamson's sapsucker <br />Great blue heron Northern Goshawk. <br />Loggerhead Shrike -hree-coed Woodpecker <br />Also. a total of eighty-six species of neotropical migrant birds are known to breed or migrate <br />regularly through some part of Colorado. Recent studies in Colorado conclude that 47 % of <br />these neotropical migrant species are declining in numbers. The study also showed that riparian <br />communities, followed by Gambel oak communities support the highest number of breeding bird. <br />Underground coal mining would impact these species to the degree that the human and surface- <br />disturbing activities would impact their breeding and nesting activities and habitats in riparian <br />' and Gamble oak communities. Of particular high importance are the riparian areas throughout <br />the review area, specifically in Box canyon. Riparian areas are suitable for coal leasing only with <br />inclusion of the following special stipulation to Orotect the above mentioned migratory bird <br />species: <br />A 7 /8 mile buffet zone (660 h.l will be protected on either side of riparian zones_(or a <br />buffer zone may be established in accordance with the surface management agency <br />guidelines). <br />2. No surface disturbances, except surface subsidence, will be permitted within these <br />buffer zones, unless no practical alternatives exist. <br />3. All unavoidable surface disturbance will reduire approval of the USFS or BLM's <br />Authorized Officer, after consultation with both the Fish and Wildlife Service and the <br />Colorado Division of Wildlife to determine the type and extent of allowable variances. A <br />site specific analyses will determine if this stipulation will apply. <br />Criterion t 5 <br />Federal lands wnich the surface management agency and the stata jointly agree are habitat for <br />resident species of fish, wildlife and plants of high interest to the state and which are essential <br />for maintaining these priority wildlife and plan[ species shall be considered unsuitable. Examples <br />of such lands which serve a critical function for the species involved include: lil active dancing <br />and strur~ng grounds for sage grouse, sharp•[aded grouse, and prairie chicken. (ii) winter ranges <br />crucial for deer, antelope, and eik. .• ~. migration corridor for elk, and (ivl extremes of range for <br />plant species. <br /> <br />Appendix I, Page 8 <br />