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N OF TF United States Department of the Interior �A FISH AND WILDLIFE SERVICE Colorado Ecological Services Field Office �gp,ta#Q P.O. BOX 25486, Denver Federal Center, Mail Stop 65412 Denver, Colorado 80225-0486 IN REPLY REFER TO TAILS: 06E24000 -2016 -TA -1115 O Robert Zuber CT - 4 2016 Environmental Protection Specialist Colorado Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Zuber: F[Stl � W[f.DLIFS snxvue ute� Thank you for your letter of September 2, 2016, which we received on September 8, 2016, to the U.S. Fish and Wildlife Service (Service) regarding the Southfield Mine Technical Revision No. 47 project (Project) located in Fremont County, Colorado. Based on the information presented in your letter, it was identified that the Project may involve a discretionary Federal involvement or control over the action (federal nexus) with the Office of Surface Mining (action agency). Section 7(a)(2) of the Endangered Species Act as amended (16 U.S.C. 1531 et seq.) requires Federal agencies to insure that any action they authorize, fund, or carry -out is not likely to jeopardize the continued existence of any endangered or threatened species ("listed species") or result in the destruction or adverse modification of critical habitat. In fulfilling these requirements (50 CFR §402), the action agency uses the best scientific and commercial data available to review their actions and make one of the following determinations: No effect. The appropriate conclusion when the action agency determines its proposed action will not affect listed species or designated critical habitat. May Effect - Is not likely to adversely affect. The appropriate conclusion when the effects of a proposed action on listed species or designated critical habitat are expected to be discountable, or insignificant, or completely beneficial. May Effect - Is likely to adversely affect. The appropriate conclusion if any adverse effect to listed species or designated critical habitat may occur as a direct or indirect result of the proposed action or its interrelated or interdependent actions, and the effect is not discountable or insignificant. The Service uses the agency's determination and documentation along with any other available information to decide if concurrence with the agency's determination is warranted. The infonnation provided in your letter did not include this information. In order for us to assist on this project, please provide the above mentioned information. To help expedite the process, please include the consultation tracking number in the header of this letter with your response. Sincere , Dru . e erry V— Acting Colorado Field Supervisor