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Cecember 1, 2003 Appendix A Paye A-£3 <br />habitat for this species, however there is no marsh, pond, bog, or wet meadow habitat associated <br />with these locations; no boreal toad habitat exists on the proposed lease tract. <br />Criterion 11 <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. Consideration <br />of availability of habitat for prey species and of terrain shall be included in the determination of <br />buffer zones. Buffer zones shall be determined in consultation with the Fish and Wildlife Service. <br />Exceptions. A lease may be issued if (i) it can be conditioned in such a way, either in manner <br />or period of operation, that eagles will not be disturbed during the breeding season, or (ii) the <br />surface management agency, with the concurrence of the Fish and Wildlife Service, <br />determines that the golden eagle nest(s) will be moved, or (iii) buffer zones may be <br />decreased if the surtace management agency determines that the active eagle nests will not <br />be adversely affected. <br />Analysis <br />Presently, no bald or golden eagle nest sites exist on federal lands within at least one-mile of the <br />review area. A buffer zone of one-quarter mile radius around bald and golden eagle nest sites <br />was suggested as adequate protection in the Uinta-Southwestern Utah Coal Region E1S, and the <br />North Fork Coal EIS completed in 2000. Present guidelines used by the U.S. Fish and Wildlife <br />Service are: <br />Bald Eagle: <br />Year round closure to surtace occupancy (beyond that which historically occurred in the <br />area) within one-quarter mile radius of nests, <br />2. No activity from November 15 through July 30 within one-half mile radius of active bald eagle <br />nests. Total potential area of protection is one-half mile radius of the nest. <br />Golden Eagle: <br />No surface occupancy (beyond that which historically occurred in the area) within one- <br />quartermile radius of the nest site and associated alternate nests. <br />Seasonal restrictions to human encroachment within one-half mile of the nest and any <br />alternate nests from February 1 through July 15. <br />Underground coal mining and nesting bald or golden eagles are compatible on the same tract of <br />land unless surface facilities or surface disturbances cause nest-site abandonment. With respect <br />to bald or golden eagle nests that may be established on the review area during the life of the <br />project, the following special stipulations shall be applied: <br />No new permanent surface facilities or disturbances except subsidence shall be located <br />within cone-quarter mile radius buffer zone around each bald or golden eagle nest site. <br />2. No surface activities will be allowed within cone-half mile radius buffer zone around each <br />active eagle nest site from November 15 to July 30 for bald eagles and February 1 to July 15 <br />for golden eagles. <br />Environmental Flssessment <br />~~V~:~t? iaiircr? LL3:a T;uci <br />Gtu:rzison Coun±.;~, Coior2do <br />