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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department o(Natural Resources 4 oF~c <br />(}~~ ~.- i ~ ' <br />1313 Sherman St., Room 215 11 ~"~'~ -031 ~ ~ ~ .~~ <br />Denver,C08020J L, ~ a3 ~--: •i .r~ •, <br />Phone: 13031 866-356 7 r~. ~,~ ~ ,. `"~~ ',~ <br />FA%: (3071 832-8106 ~~ Ray Romer <br />Goverrgr <br />Michael B. Lang <br />Division Director <br />Memorandum <br />DATE: December 15, 1992 <br />TO: All Coal Operators and Interested Persons <br />FROM: Steven G. Renner <br />RE: U.S. Fish and Wildlife Service Threatened and Endangered <br />Species Consultation <br />We have recently become aware that the required consultations with the U.S. Fish and <br />Wildlife Service (USFWSI have not, in some instances, been occurring. Rules two and four <br />require that the USFWS be contacted in regard to potential impacts of proposed mining or <br />exploration activities to federally fisted threatened or endangered species of plants or. <br />animals. The USFWS is the primary authority for determining the potential impacts to <br />such species. Applicants should consult with USFWS prior to submittal of permit <br />applications, permit renewals, and notices of intent to explore. Permit revisions or <br />technical revisions which involve disturbing additional acreage or modify approved <br />threatened and endangered species mitigation measures would also necessitate USFWS <br />consultation. <br />USFWS should be provided with a legal description and a brief narrative summary of the <br />project. Any streams or other water bodies which may be affected through mine related <br />discharges, diversions or water use should be identified, A copy of the current fist of <br />threatened and endangered species which could occur in the vicinity of the project should <br />be requested, along with applicable reports, survey results, and similar information. In <br />addition, recommended survey methods for listed species, should they potentially be <br />present, should be requested, along with possible mitigation measures. <br />The USFWS consultation should be in addition to consultation with the Colorado Division <br />of Wildlife (DOW). DOW is the primary authority regarding State listed threatened and <br />endangered wildlife species, and can also provide valuable information concerning species <br />occurrence and habitat use, data collection needs and methods, and mitigation measures <br />for other wildlife species. Documentation of correspondence with both DOW and USFWS <br />should be presented in the application package. Without documentation of USFWS and <br />DOW consultation, the Division may be unable to make required findings regarding <br />potential impacts to threatened and endangered species and their habitats. Permit <br />approval delays may result. <br />