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• ~ iii iiiiiiiiiiiii iii United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services 764 Horizon Drive, Building B Grand Junction, Colorado 81506-3946 IN REPLY REFER TO. ES/CO:CDMG MS 6541 Z GJ '~ i Mazch 19, 2001 ,7 ~g~~ James Stevens ~.y"`6 ~ .y~°~~t Senior Envirorunental Protection S ecialist ~1 Colorado Division of Minerals andpGeology ~Sn ,~'~ ~~/y 1313 Sherman St., Room 215 = l\~' Denver, CO 80203 Dear Mr. Stevens: RECEIVED MAR 2 3 2001 Division of Minerals and Geology The U.S. Fish and Wildlife Service reviewed the January 30, 2001, "Notice of 112 Construction Materials, Reclamation Permit Amendment Application Consideration" for the Red Canyon Quarry (Permit No. M-1985-043). The permit applicant is Red Canyon, LLC and the mrne operator is Rocky Mountain Matenals and Asphalt, Inc. (ANNA). Granitic rock is the primary tazget of mining for road base and similar uses. The Service only reviewed the Notice and drd not receive or review the full appplication but discussed the application with employees with [he Colorado Division of Wildlife (CDOW), Colorado Division of Minerals and Geology (CDMG), and RMMA who were familiar with the application and accomppanying maps. The ppeermit area encompasses 60] acres of a State School Section rn s. 36, T. 16S, R. 68W and an ad~acent 74 acres ofpnvate land in s. 1, T. 175, R. 68W, Fremont County, Colorado. Through t~is letter the Service rs filing an objection to the permit amendment to give us standing in the permrt~rocess. The Service understands that by objecting we will automatically be placed on a marling Est notifying us about conference heanngs regarding the permit amendment applrcation. The Service understands that CDMG only permits reclamation requirements; not the amount of land that can be included in a permit or necessarrly where mining operations can occur within a permit area. Consequently, our comments address reclamation related issues but also discuss non-reclamation matters as rt pertains to our cooperative efforts with the Red Canyon, LLC and RMMA to avoid impacts to the federally threatened Mexican spotted owls (Strix occidentalis hscida) that occur in the azea. The ppermit amendment under consideration would change the maximum amount of land that can be mined prior to reclamation from 40 acres to 110 acres. This increase in acreage was viewed as necessary by Red Canyon, LLC and RMMA due to 1995 changes in CDMG permit regulations that invalidated maJor, moderate, and minor disturbance categories. CDMG now simply uses the total amount of disturbance in their reclamation decisions and this regulatory change influenced Red Canyon, LLC and RMMA permit decisions. Additionally, the permit amendment was necessary to change the current CDMG permit which, following wishes of Red Canyon, LLC and RMMA, stated that minorg would occur in the southeast quarter of the School Section followed by mining in the northeast quarter then the northwest quarter, and finally the southwest quarter. To avoid potential impacts to the Mexican spotted owl, the Service had previously recommended to Red Canyon, LLC and RMMA that mining not follow the current mrmng proposal but remain in portions of the southern part of the School Section. As discussed below, the Service also concurred that mining could occur in a minor portion in the northeast quarter of the School Section. Red Canyon, LLC and RMMA agreed to this recommendation, as discussed below, and, therefore, it will be included in the CDMG permit that mining will occur primarily in the southeast and southwest quarters during, at least, an interim period. The Service understands from CDMG that it is likely that 35 acres of private land will be mined but that the entire 74 acres could be mined. It is therefore, expected that an additional 75 acres