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Federal lands which are high priority habitat for migratory bird species of high federal interest on a regional or national basis, as determined jointly by the surface management agency and the Fish and Wildlife Service, shall be considered unsuitable. ' • 1 . Exception. A lease may be issued where the surface management agency, after consultation with the Fish and Wildlife Service, determines that all or certain stipulated methods of coal mining will not adversely affect the migratory bird habitat during -he periods when such habitat is used by the species. Analysis The fallowing list of migratory bird species of high Federal and/or State interest are known, or considered likely, to breed and nest within the review area ar vicinity: Band-tailed pigeon Black swift Cooper's hawk Flammulated owl Golden eagle Great blue heron Loggerhead Shrike Lewis' woodpecker Peregrine falcon Prairie falcon Western bluebird Williamson's sapsucker Northern Goshawk. hree-toeo Woodpecker Also. a total of eighty-six species of neotropical migrant birds are known to breed or migrate regularly through some part of Colorado. Recent studies in Colorado conclude that 4196 of these neotropical migrant species are declining in numbers. The study also showed that riparian communities, followed by Gambel oak communities support the highest number of breeding bird. Underground coal mining would impact these species to the degree that the human and surface- disturbing activities would impact their breeding and nesting activities and habitats in riparian • and Gamble oak communities. Of particular high importance are the riparian areas throughout the review area, specifically in Box canyon. Riparian areas are suitable for coal leasing only with inclusion of the following special stipulation to protect the above mentioned migratory bird species: A 1 /S mile buffer zone (660 ft.l will be protected on either side of riparian zones_lor a buffer zone may be established in acccrdance with the surface management agency guidelinesl. 2. No surface disturbances, except surface subsidence, will be permitted within these buffer zones, unless no practical alternatives exist. 3. All unavoidable surface disturbance will require approval of the USFS or BLM's Authorized Officer, after consultation with both the Fish and Wildlife Service and the Colorado Division of Wildlife to determine the type and extent of allowable variances. A site specific analyses will determine if this stipulation will apply. Criterion 15 Federal lands wnich the surface management agency and the stata jointly agree are habitat for resident species of fish, wildlife and plants of high interest to the state and which are essential for maintaining these priority wildlife and plant species shall be considered unsuitable. Examples of such lands which serve a critical function for the species involved include: li) active dancing and strur~ng grounds for sage grouse, sharp-tailed grouse, and prairie chicken, Iii) winter ranges crucial for deer, antelope, and e~k, ., ~, migrat~cn corridor for elk, and (iv) extremes of range for plant species. • Appendix I, Page 6