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• <br />S i ATE G. COLORADO <br />Bill Owens, Governor <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WILDLIFE <br />AN EQUAL OPPORTUNrrY EMPLOYER <br />Russell George, Director <br />Southeast Region: <br />2' 26 N Weber Street RECEIVE D <br />Ca«ado springs, Caorado 80907 <br />Telephone: (719)227-5200 MAR 1 3 2001 <br />March 9, 2001 <br />Division of Minerals and Geology <br />Mr. James Stevens <br />Division of Minerals & Geology <br />1313 Sherman Sfreet, Room 215 <br />Denver, CO 80203 <br />Subject: Red Canyon, LLC, Red Canyon Quarry, Permit No. M-1985-043 <br />Dear Mr. Stevens: <br />For l~ldlife- <br />ForPeople <br />The Division has reviewed the above referenced application and offers the following comments and <br />suggestions for your consideration. <br />Applicant mentions in the Mining Plan that designation of the Take Avoidance Area (TAR) was discussed <br />with the "Colorado Department of Fish and Wildlife". For purposes of clarification, it should be noted that the TAA <br />was designated due to the presence of a breeding pair of Mebcan Spotted Owls, which is a Federal Threatened <br />species. As such, the U.S. Fish and Wildlife Service (USFWS) regulates this species under the auspices of the <br />Endangered Species Act (ESA), and that discussions regarding this quarry expansion and designation of the TAA <br />took place with USFWS not the Colorado Division of Wildlife. From that standpoint, it is unclear in the application <br />what discussions took place with USFWS regarding the designation of the TAR, and what mitigation measures were <br />adopted to lessen impacts to the breeding pair of Mexican Spotted Owls using Red Canyon. It was our <br />understanding that a Habitat Conservation Plan addressing these issues was underway. It does appear from the <br />drawings, however, that mining will take place over the top of the ridge within Red Canyon and potentially within <br />sight and sound of the breeding pair. The Division believes that appropriate sight and sound abatement measures <br />should be adopted, in consultation with USFWS, to mitigate potential impacts from the mining activity. Tliis is <br />especially prudent since Applicant indicates both pre-mining and post-mining land uses as "Wildlife Habitat". <br />Finally, it appears that siting of the fire access road is intrusive into Red Canyon beyond the TAA boundary and <br />could potentially affect the breeding pair of Mexican Spotted Owls. Consultation with USFWS should take place <br />regarding construction and use of this road with appropriate seasonal and temporal restrictions adapted to minim¢e <br />potential impacts. <br />We appreciate having the opportunity to comment on this amendment application. Please feel free to call <br />should you have any questions or require adddional information. <br />David C. Lovel `~~ <br />Habitat Biologist <br />Cc: Terry Ireland, USFWS <br />Dean Riggs, CDOW <br />DEPARTMENT OF NATURAL RESOURCES, Greg E. Wabher, Executive DQector <br />WILDLIFE COMMISSION, Bernard L. Black, Jr., Chavman • Rick Enstrom, ViceChavrnan • Pharp James, Secretary <br />Members, Tom Burke • Mark LeVasey • Marianna Raftopoubs • Robert Shoemaker • Ofne Valdez <br />Ex-0fAcio Members, Greg E. Wabher and Dan Ament <br />