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~~P~MgNT of ty~y~ <br />$ United States Department of the Interior <br />FISH AND WILDLIFE SERVICE <br />• ~'1RCn 1 ~8~9 • Ecological Services <br />Colorado Field Office <br />P.O. Box 25486, DFC (65412) <br />Denver, Colorado 80225-0486 <br />M REPLY REFER TO: <br />ES/CO: EC/DMG/MMRR <br />Mail Stop 65412 <br />FE8 - 8 2006 <br />Tom Schreiner <br />Colorado Division of Minerals and Geology <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Deaz Tom, -~ - - - -- ---- -__ <br /> <br />FEB 0 9 2006 <br />O+v.-,~.. ~,, .u;.}eats and Ceolo9Y <br />The U.S. Fish and Wildlife Service (Service) received your letter of December 29, 2005, <br />regarding the MMRR Quarry project near Black Hawk in Gilpin County, Colorado. You <br />requested our assistance in reviewing the application, our comments on the adequacy of the <br />reclamation plan, and any concerns or mitigation measures for wildlife impacted during mining. <br />The following comments have been prepazed based on the authority conferred to the Service by <br />the Endangered Species Act of 1973, as amended (50 CFR §402.14); the Migratory Bird Treaty <br />Act (16 U.S.C. 703) (MBTA); and the Bald and Golden Eagle Protection Act (16 U.S.C. 668) <br />(BGEPA). <br />We provided a letter (enclosed), dated September 15, 2005, to Banks and Gesso, LLC stating <br />that we had no specific knowledge that would suggest endangered, threatened, proposed, or <br />candidate species occur on or use the project site. We did not conduct field surveys nor visit the <br />site to confirm this information. Even though a golden eagle nest is known in the project <br />vicinity, its distance from the project site suggests impacts from on-site operations would not be <br />likely. However, the MBTA and BGEPA could potentially be applied to the project. Under the <br />MBTA, any activities resulting in take of migratory birds, eggs, young, and/or active nests <br />should be avoided. The BGEPA prohibits knowingly taking, or taking with wanton disregard for <br />the consequences of an activity, any bald or golden eagles or their body parts, nests, or eggs, <br />which includes collection, molestation, disturbance, or killing. <br />