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December 1. 2G03 A,i~pentiix A Page A-r <br />impacts at these nest sites(1993, Letter from Kathleen Weft, Mountain Coal Company, to BLM, in <br />fulfillment of the requirement to monitor Cooper's hawk nests, per Special Condition #5, of OSM <br />Mine Plan Approval Document, #CO-0021(BLM reference 3400 (161) D044569). Based on the <br />subsidence effects noted elsewhere on lands south of the North Fork of the Gunnison River, <br />subsidence on this lease tract is not likely to result in any increase in landslide activity that would <br />impact lynx habitat structure, or habitat use. Since Canada lynx have not been proven to occupy <br />the lease tract, and no surface facilities or impacts are anticipated except subsidence, the <br />proposed lease is considered suitable for leasing from a Canada lynx standpoint. <br />Bald Eagle: <br />1. No surface activity except subsidence shall occur within the bald eagle winter <br />concentration area between the dates of December 1 through April 15 each year. <br />2. Any proposed activities in the bald eagle concentration area, during the closed period, <br />must be approved by the authorized officer, after consultation with the U.S. Fish and <br />Wildlife Service. <br />Endangered Colorado River Fish: <br />1. In the future, if water to be used for mine related activities is to be taken from a source <br />that is not considered to be non-tributary waters by the U.S. Fish and Wildlife Service, or <br />which exceeds a depletion amount previously consulted upon, the permitting agency <br />must enter into consultation with the U.S. Fish and Wildlife Service to determine <br />appropriate conservation measures to offset effects to listed fish and critical habitat in the <br />upper Colorado River Basin. <br />Criterion 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 />Exceptions. A lease may be issued and mining operations approved if, after consultation <br />with the state, the surface management agency determines that the species will not be <br />adversely affected by all or certain stipulated methods of coal mining. <br />Analysis <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 for any State listed <br />endangered or threatened animal species. No plant species are listed by the State of Colorado as <br />threatened or endangered. In addition to the species appearing on the Federal list above, the e~ <br />river otter (Lutra canadensis), boreal toad (Bufo boreas boreas), and Canada lynx (Lynx <br />canadensis), listed endangered by the State of Colorado, were considered as potentially <br />occurring on the review area or in the region of potential effect and were considered under this <br />criterion. An analysis of the potential effects on Canada lynx of this proposed lease action are <br />detailed in Criterion 9, above. River otters are known to occur in the Gunnison Gorge, and they <br />have been reported in the North Fork of the Gunnison but there are no perennial streams on the <br />lease tract likely to provide habitat for otters. Grand Mesa is known to have occupied habitat for <br />the boreal toad. Breeding habitat consists of marsh, pond, bog, or wet meadow habitat in spruce- <br />firforests or alpine meadows, at elevations above 8,000 feet (Boreal Toad Recovery Plan, 1994). <br />The western edge of Section 13 which consists of steep slopes, and the southern end of Section <br />24, have steep topography that is over 8,000 feet, and some mesa top area which could provide <br />Environmer~:al Assessment <br />West 1=1a(iron LEiA Traot <br />Gunn~s.~s; C;otarsty, Cobrado <br />