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Decembor 1.2003 Appendix A Paye A-14 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 the periods when such habitat is used by the species. Analysis The following 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 or vicinity: Band-tailed pigeon Black swift Cooper's hawk Flammulated owl Golden eagle Great blue heron Loggerhead Shrike Sage sparrow Lewis' woodpecker Peregrine falcon Prairie falcon Three-toed Woodpecker W illiamson's sapsucker Northern Goshawk Virginia warbler Purple Martin 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 41 % of these neotropical migrant species are declining in numbers. The study also showed that riparian communities, followed by Gambet oak communities support the highest number of breeding birds. Coopers hawks and Northern Goshawks are known to nest in aspen and spruce-fir communities in the vicinity of the lease area. Previous monitoring of the effects of mine subsidence on Cooper's hawk nests, on other West Elk Mine leases, indicate that subsidence is unlikely to impact the birds, nest trees, or the nests (Welt, 1993). 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 importance is the riparian area associated with Raven Gulch. Riparian areas are suitable for coal leasing only with inclusion of the following special stipulation to protect the above mentioned migratory bird species: A one-eighth mile buffer zone (660 ft.) will be protected on either side of riparian zone of Raven Gulch (or a buffer zone may be established in accordance with the surface management agency guidelines). 2. No surface disturbances, except surface subsidence, will be permitted within these buffer zones, unless no practical alternatives exist. 3. Other raptors (except American Kestrel): a. Conduct surveys for nesting raptors on the lease tract prior to development of any surface facilities. b. No surface activities will be allowed within one-half mile radius of active nest sites between the dates of February 1 and August 15, unless authorized by BLM or USFS on asite-specific basis. 4. All unavoidable surface disturbance will require approval of the USFS or BLM's Authorized Officer. The BLM or USFS will coordinate with the Fish and Wildlife Service and the CDOW to determine the type and extent of allowable variances. Asite-specific analyses will determine if this stipulation will apply. "rmeironmenit~l Assessment Y11est Flatiron (_I3A Trsci. Gunni=on County, Gatorade