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STATE OF COLORADO Bill Owens, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Bruce McCloskey, Director 6060 Broadway Denver Colorado 80216 Telephone: 1303) 297-1192 Mt. Murrai Shrestha Western Fuels Association PO Box 33424 Denver, CO 80233 GO~~O ~~yq~ 0`Y OF'~ For ~ldlife- ForPeaple 2300 South Iownsend Ave Montrose, CO 81401 March 27, 2007 Dear Mr Shrestha: After reviewing your request for tlueatened and endangered (TBcE) species clearance for exploratory drilling in I47N, RT7W Sections 2-] 0, 14, 15, 17, 18 and 22, (Third Pazk area west of Nucla, CO), the following species of concern were identified, >6 ~ i~~~ ~~'^~~IV'~(Tn~ ~ f~3„-,~. v :v~.s 2 ~~ dls ~3 ~EedE"`~att eretl ,.:5 ,. St .. `C C.kt.L ..7"`Ca"1'kliea)GJ1etE` C 2 A'_ . ~""t,".'<' aStat~~snaa"n ~~~z 2 2 T ". iC .State,T`hreateied,~,-..- Bald Eagle No:. .. Yes No Yes Kit Fox No No' Yes No Black-footed Ferret Yes No Yes No Western Burrowing Owl No No No Yes the bald eagle does inhabit this area, generally as a winter migrant However', it is doubtful the activities described would pose any substantial threat, It is the opinion of the Colorado Division of Wildlife that this species will not be adversely impacted by the described drilling activity.. Kit Fox (Yalpes macrotis) have been documented in the eastern portions ofMontrnse County However, swveys have not detected the presence of this species on the West End. As the habitat in the described azea would be considered marginal, it is ow determination there will be no adverse impacts to this species Although there maybe some suitable habitat in the area, occurrence of the black-footed ferret (Mustela nigripes) has not been recently documented in Montrose County. Any threat posed by the described activities is considered negligible to this species. Adverse impacts to burrowing owls (Athene cunicularia hypugaea) are considered a possibility, as thew presence has been documented in the Nucla area Ihis species is a summer migrant closely associated with prairie dog colonies, which they utilize far nesting and brood rearing activities. Federal and state laws prohibit the harming or killing of Burrowing Owls or the desnuction of active nests.. Due to [he size of the impacted area, and heightened activity associated with drilling activities, the DOW recommends that surveys (protocols attached) be conducted prior to any exploration the azea surveyed should include any prairie dog btnrows within a 300 foot buffer along access roads, and any prairie dog burrows within 300 feet mound each exploratory hole. If Burrowing Owls are confirmed to be present in a prairie dog town, there are two options before proceeding with planned activities: 1 Wait to initiate activities until after November 1 or until it qn be confirmed that the owls have left the prairie dog town DEPARTMENT OF NATURAL RESOURCES, Russell George, Executive Director WILDLIFE COMMISSION, Jeffrey Crawford, Chair .Tom Burke, Vica Chair • Ken Torres, Secretary Members, Robert Bray • Rick Enstrom • Philip James • Claire O'Neal • Richard Ray • Robert Shoemaker Ex Officio Members, Russell George and Don Ament