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Crriterion 10 <br />Federal lands containing habitat determined to be critical or essential for plant or animal species <br />• listed by a state pursuant to state law as endangered or threatened shall be considered <br />unsuitable. <br />Analvsis <br />No lands within the review area, or off-site that would be effected by this action, have been <br />determined by the State of Colorado as critical or essential habitat far any State listed <br />endangered or threatened animal species. No plant species are listed by the State of Colorado <br />as threatened or endangered. In addition to the species aDPearing on the Federal list above, the <br />river otter (Lutra canadensisl and lynx (Fells /ynx1, both listed endangered by the State of <br />Colorado, were considered as potentially occurring on the review area or in the region of <br />potential effect and were considered under this criterion. <br />Criterion 17 <br />A bald or golden eagle nest site on federal lands that is determined to be active, and an <br />appropriate buffer zone of land around the nest site shall be considered unsuitable. <br />Consideration of availability of habitat for prey species and of terrain shall be included in the <br />determination of buffer zones. Buffer zones shall be determined in consultation with the Fish <br />and Wildlife Service. <br />1 . Exceptions. A lease may be issued if 111 it can be conditioned in such a way, either in <br />manner or period of operation, that eagles will not be disturbed during the breeding <br />season, or {21 the surface management agency, with the concurrence of the Fish and <br />Wildlife Service, determines that the golden eagle nestlsl will be moved, or 131 buffer <br />zones may be decreased if the surface management agency determines that the active <br />• eagle nests will not be adversely affected. <br />Analvsis <br />Presently, no bald or golden eagle nest sites exist on federal lands within the review area, nor <br />on other lands within a distance of 1 /2 mile of its boundaries. A buffer zone of 1 /4 mileJadius <br />around bald and golden eagle nest sites was suggested as adequate protection in the Uinta- <br />Southwestern Utah Coal region EIS. Present guidelines used by the Service are: <br />Bald Eagle: <br />Year round closure to surface occupancv Ibeyond that which historically occurred in the <br />areal within 1/4 mile radius of nests, <br />2. No activity from November 15 through July 30 within 1/2 mile radius of active bald <br />eagle nests. Total potential area of protection is 1/2 mile radius of the nest. <br />Golden Eagle: <br />No surface occupancy Ibeyond that which historically occurred in the areal within 1/4 <br />mile radius of the nest site and associated alternate nests, <br />2. Seasonal restrictions to human encroachment within 1 /2 mile of the nest and any <br />alternate nests from February 1 through July 15. <br />':r :';,-~und coal mining anc nesting bald or ~.,~oen eagles are compatible on the same tract of <br />• ~.,. ~..s surface _-:' ties or surface tlisturbances cause nest-site abandonment. With respect <br />Appendix I, Page 6 <br />