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Criterion 14 • L 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 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 Lewis' woodpecker Peregrine falcon Prairie falcon Western bluebird Williamson's sapsucker Northern Goshawk. Three-toed 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 41 % of these neotropical migrant species are declining in numbers. The study also showed that riparian communities, followed by Gambel oak ccmmun~ties support the highest number of breeding bird. Underground coal mining would impac:these species to the degree that the human and surface- disturb~ng 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 4see Map 21, and specifically in Box canyon. Riparian areas are suitable for coal leas~nq only with inclusion of the following special stipulation to protect the above mentioned migratory bird species: A 1 /8 mile buffer zone (660 ft.l or a buffer zone may be established in accordance with the surface management agency guitlelines will be protected on either side of the riparian zones within the review area. • 2. No surface disturbances. excevt surface subsidence, will be permitted within these buffer zones. 3. Exceptions will require approval of the U5~5 or BLM's Authorized Officer, after consultation with both the Fish and bildlife Service and the Colorado Division of Wildlife to determine the type and extent of allowable variances. Criterion 15 Federal lands which the surface management agency and the state jointly agree are habitat for resipent species of fish, wildlife aria plants of h~gn interest to the state and which are essential for maintaining these pnonry +v~lalife ono plant species shall be considered unsuitable. Examples of sucn lands which serve a critical funcncn fcr the species involved include: lil active dancing ono strutting grounp5.ior sage grouse. snare-~,;i~ec grouse, and prairie cnicxen, (ill winter ranges cruaal for seer, antelope, ono elk, .ml migration cornpor for elk, and (ivi extremes of range for plant species. Appendix I, Page 8