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proclaimed National Forest on May 12, 1905 and are within the Gunnison National Forest. These lands are considered suitable for coal mining after applying the exception to Criteria Number 1. ' Criterion 2: The Forest Service issued special use permit to Mountain Coal Company (01/30/921 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 such 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 (Mountain Coal Company), agrees, in writing, to coal leasing. Criterion 3: Also unsuitable for mining or surface disturbances is Colorado State Highway 133 after the application of Criterion iJumber 3. No mining related disturbances wilt occur within 100 feet of the outside line of the right-of-way of Colorado State Highway 133 (18 acres) as shown on Map 1. The angle of draw used to protect the State Highway from subsidence will be dictated by the approved CDMG Mining and Acclamation Pfan, (the estimated angle of draw is conservatively estimated to be 25 degrees). 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. Criterion 9: With respect to wafer depletions resulting from this action that 'may affect' the endangered .Colorado squawfish, humpback chub, bonytail chub, and razorback sucker and their critical habitat in the UPPer Colorado River basin, the following special stipulation shall be applied: The Service has determined xhat water depletion impacts can be offset by the project proponents' one-time contribution to the Recovery Program in the amount of 12.34 per . acre foot of the projects average annual depletion. The proponent should make payment to the National Fish and Wildlife Founca[ion. National Fish and `Nildlife Founaa[ion Suite 900 1120 Connec[icut Avenue, N.'.V. Washington. D.C. 20036 Criterion 11: 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 be applied: No new permanent surface facilities or disturbances except subsidence shall be located within a 1!4 mile radius buffer zone around each bald or golden eagle nest site. No above ground activities will be allowed within a 1/2 mile radius buffer zone around each bald eagle active nest site from November 15 to July 30, and around each active golden eagle nest site from February 1 to July 15. Any proposed surface facilities, disturbances or activities )noted above) 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. Criterion 12: With respect to bald or golden eagle roost sites or concentration areas which may be established on [he review area during the life of the project the following special stipulation shall be applied: No above ground activity except subsidence;hall occur within 114 mile radius of winter • roosts between November 15 and March 15, development may be permitted at other - Appendix T, Page 11