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December 1, 2003 Appendix A Page A-13 Criterion Numbers 1, 9, 11, 12, 14 and 15 were found to be unsuitable for mining, however, after applying the exceptions to the criterion, they were suitable for mining with the following restrictions: Criterion 1: The lands within Sections 33 and 34, T13S, R91 W, 6th PM were proclaimed National Forest on June 6, 1905 and are within the Gunnison National Forest. These lands are considered suitable for coal mining after applying the exception to Criteria Number 1. Criterion 9: With respect to bald eagle winter concentration areas: 1. No surface activities, except subsidence, may occur within the bald eagle winter concentration area between the dates of December 1 through April 15. Any proposed activities in the bald eagle concentration area, during the closed period, must be approved by the authorized officer, after consultation with the U.S. Fish and Wildlife Service. Criterion 9: With respect to water depletions and impacts on endangered fish and critical habitat: 1. In the future, if water to be used for mine related activities is to be taken from a source that is not considered to be non-tributary waters by the U.S. Fish and Wildlife Service, or which exceeds a depletion amount previously consulted upon, the permitting agency must enter into consultation with the U.S. Fish and Wildlife Service to determine appropriate conservation measures to offset effects to listed fish and critical habitat in the upper Colorado River Basin. Criterion 11: With respect to bald or golden eagle nests which may be established on the review area during the life of the project, the following special stipulations shall be applied: No new permanent surface facilities or disturbances except subsidence shall be located within aone-quarter mile radius buffer zone around each bald or golden eagle nest site. 2. No surface ground activities will be allowed within aone-half mile radius buffer zone around each bald eagle active nest site from November 15 to July 30, and around each active golden eagle nest site from February 1 to July 15. 3. Any proposed surface facilities, disturbances or activities (as noted above) in, or adjacent to, these buffer zones will require approval from the BLM or USFS, on asite-specific basis, after consultation with the U.S. Fish and Wildlife Service. Criterion 12: With respect to bald or golden eagle roost sites or concentration areas which may be established on the review area during the life of the project the following special stipulation shall be applied: 1. No surface ground activity except subsidence shall occur within one-quarter mile radius of winter roosts between November 15 and March 15, development may be permitted at other periods. If periodic visits are required within the buffer zone after development, activity should be restricted to the hours of 10:00 am and 2:00 pm from November 15 through March 15. 2. No surface activities, except subsidence, may occur within the bald eagle winter concentration area between the dates of December 1 through April 15 unless approved by the Authorized Officer, after consultation with the U.S. Fish and Wildlife Service. En~:ronmental Flssessment ~Ves+ Flahro!7 ~B.R Tract G:.inri~son County, Colorado