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IN REPLY REFER TO ES/C0: OSM-CDMG MS 65412 GJ FISH AND WILDLIFE SERVICE Ecological $ervv:cs Warern Colorado Officc 764 Horizon Drivq South Annex A Grand Juncrion. Colorado 81506 3946 April 8, 1998 iii iiiiiiiiniiiiii 999 RECEIVED APR 13 1996 Division o(Minerals 8 Geology Byron G. Walker Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver. Colorado 80203 Re: Eagle No. 5 and 9 Mines (Permit No. C-81-044), Permit-Renewal Application No. 3 Dear Mr. Walker: The Fish and Wildlife Service has reviewed your March 10, 1998, correspondence concerning the renewal of a mine permit. To comply with section 7(c) of the Endangered Species Act of 1973, as amended, Federal agencies or their designees are required to obtain from the Service information concerning any species or critical habitat, listed or proposed to be listed, which may be present in the area of a proposed construction project. Therefore, we are furnishing you the following list of species which may be present in the concerned area: FEDERALLY LISTED SPECIES United States Department of the Interior Bald eagle Mexican spotted owl Black-footed ferret Peregrine falcon Whooping crane Humpback chub Bonytail Colorado squawfish Razorback sucker Spiranthes diluvialis Haliaeetus leucocephalus Strix occidentalis Iucida Mustela nigripes Falco peregrinus Grus americana Gila cypha Gila elegans Ptychocheilus Lucius Xyrauchen texanus Ute ladies'-tresses The Fish and Wildlife Service believes that major causes for the decline of the Colorado squawfish, humpback chub, razorback sucker and bonytail include the effect of impoundments and water depletion from the Colorado River and its tributaries. We believe that any action made possible by the project that causes a depletion of water from the Upper Colorado River Basin should prompt a "may affect" finding by the Colorado Division of Minerals and Geology for the listed fishes and necessitate consultation under the Endangered Species Act.