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CESPK-CCt-R Public Notice Number 199475260 <br />A final rule; has not teen issued on NNLs and the Animas River Valley is still currently <br />classified as a potential NNL site due to a moratorium placed on evaluation, nomination, and <br />designation of new sites for NNL status in November 1989. Although this area appears to <br />merit furth~:r study, Iotential impacts associated with the project must be reviewed to <br />determine if the project would significantly change, lose, or destroy existing values which <br />originally c.ualified it for consideration. <br />To comply with section 7(c) of the Endangered Species Act of 1973, as amended, Federal <br />agencies or their designees are required to obtain information from the U.S. Fish and <br />Wildlife Service concerning any species or critical habitat, listed or proposed to be listed, <br />which may be present in the area of a proposed project. Among the species which may be <br />present in the Animas River valley north of Durango are bald eagles (Haliaeetus <br />leucocephalus which winter in the vicinity of the gravel operations. In addition, an active <br />peregrine fslcon (Falco peregrinus) nest is located west of Durango, and the hunting range <br />for the falcons using this nest includes the Animas River valley. Portions of the Animas <br />River valley contain suitable Southwestern willow flycatcher (Empidonax traillii extimus) <br />habitat. 1f ongoing or proposed gravel mining operations will disturb these habitats, <br />flycatcher surveys will be required. <br />A net depletion of water associated with the project may affect the Colorado squawfish <br />(Ptvchocheilus luciusl and the razorback sucker (Xvrauchen texanus), federally listed <br />endangered fish species that occur downstream in the San Juan River and may adversely <br />affect critical lia'oitai. These depletions result from evaporative'.osses associated with <br />impoundments which include the harvest pit, waste water ditch, and settling pond. By copy <br />of this public notice, the Corps of Engineers is hereby initiating consultation with the U.S. <br />Fish and V1'ildlife Service under Section 7 of the Endangered Species Act, as amended. <br />With data provided by the applicant, the total net annual depletion is calculated at 13.3 acre- <br />feet. Any conservation measures developed will be incorporated into a permit decision. <br />The District Engineer has made this determination based on information provided by the <br />applicant attd on the Corps' preliminary investigation. <br />Finally, the: Roundtail chub (Gila robusta has <br />threatened or endang~°red species (see Federal <br />1991). While candidate species presently do i <br />Species Act, it is within the spirit of the Act I <br />sensitive candidate species. <br />been identified as a candidate for listing as a <br />Register, Vol. 56, No. 225, November 21, <br />iot have legal protection under the Endangered <br />o consider project impacts to potentially <br />Interested parties are invited to submit written comments on or before April 15, 1996. Any <br />person ma~~ request, in writing, within the comment period specified in this notice that a <br />public hearing be held to consider this application. Requests for public hearings shall state, <br />with particularity, the reason:; for holding a public hearing. <br />The decision whether to issue: a permit will be based on an evaluation of the probable impact <br />including cumulative impacts of the proposed activity on the public interest. That decision <br />will reflect the national concern for both protection and utilizatton of important resources. <br />~~ • <br />