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SEP-18-2005 MON 03 06 PM BANKS AND GESSO LLC FAX N0. 303 274 8328 <br />United States Department of the Interior <br />FISI.1 AND WII.DI.IFE SERVICE <br />Ecological Services <br />755 ParFet Street, Suite 361 <br />Lakewood, Colorado 80215-5599 <br />4V REPLY REFaR TO: <br />E5/CO: T&F/Concurrence <br />MS 65412 LK <br />Sf P 15 2005 <br />Alex Schatz <br />Banks and Gesso, LLC <br />720 Kipling Street, Suite 117 <br />_ Lakewood, Colorado 81)215.. _. , <br />bear Mr. Schatz: <br />P, 02 <br />Permit #~ Confidental?: <br />Class: Ty e-Se .: <br />From: S ¢ <br />Doc. Name: - <br />Doc.,Date (if no date stamp). / .... _ <br />The U.S. Fish and Wildlife Service (Service) received your letter of August 11, 2005, regarding <br />the MMRR Quarry project, Sections 23, 25, and 26, Township 3 South, Range 72 West, in <br />Gilpin County, Colorado. You requested our continents on threatened or endangered species, or <br />other species of concern located in the vicinity of the project. The following coarments have <br />been prepared based on the authority conferred to the Service by the Endangered Species Ac[ of <br />1973, as amended (50 CFR §402.14); the Migratory Bird Treaty Act (16 U.S.C. 703) (META), <br />and Bald and Golden Eagle Protection Act (16 U.S.C. 668) (BGEPA). <br />Previously, we provided you with a list of list of Federal endangered, threatened, proposed, and <br />candidate species, by county, in Colorado. While listed species occur in Gilpin County, we have <br />no specific knowledge [hat would suggest their occurrence on or use of the project site. <br />Regarding other wildlife, please be apprized of the potential application of the MBTA and <br />BGEPA to your project. Under the META, any activities that would result in the take of <br />migratory birds, eggs, young, and/or active nests should be avoided. The BEPA prohibits <br />knowingly taking, or taking with wanton disregard for the consequences of an activity, any bald <br />or golden eagles or their body parts, nests, or eggs, which includes collection, molestation, <br />disturbance, or killing. <br />Although the provisions of MB.TA aze applicable yeaz-round, most migratory bird nesting <br />activity in eastern Colorado occurs during [he period of April 1 to August 15. However, some <br />migratory birds aze known to nest outside of the primary nesting season period. For example, <br />raptors can be expected to nest in woodland habitats February 1 through July 15. If proposed <br />work is planned to occur during the primary nesting season or at any other time that may result in <br />the take of nesting migratory birds, the Service recommends that the project proponent (or <br />constrocrion contractor) arrange to have a qualified biologist conduct a field survey of the <br />affected habitats to determine the absence or presence of nesting migratory birds. It is further <br />recommended that the results of field surveys for nesting birds, along with information regarding <br />the qualifications of the biologist performing the surveys, be thoroughly documented and that <br />