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<br />Page 2 <br />no take of the Mexican spotted owl would occur and no Incidental Take Permit or HCP would be <br />needed. If mining should occur to the north of the boundary lines the Service believes that incidental <br />take of the owl could occur necessitating an Incidental Take PenTrit and HCP. <br />On Apri130, 1997, Teny Ireland met with you and others to describe the concerns of the Service, the <br />HCP process, and actions that could be taken to reduce impacts to the owls. According to Mr. <br />Ireland's notes, mining in the southern half of the School section was discussed as an alternative to <br />mining the entire School section with the understanding that a HCP would still be needed. It was also <br />stated that disturbance at any one time would not exceed 12 acres. In an April 15, 1997, letter from <br />the Colorado Division of Wildlife, the Division supported this disturbance limit The Service concurs <br />with CDOW in their recommendation as this will provide a faster turn around time for vegetation to <br />reestablish versus a lazger area. Additionally, there was past discussion of mining operations taking <br />place only during the daytime. The Service still recommends operations only take place in the <br />daytime to limit noise disturbance to the owls during their active periods at night <br />If mining to the north of the boundary lines on the topographic map is pursued, the Service would <br />prefer that the Incidental Take Permit be issued to the Colorado State Land Board since the State is <br />the owner of the School section and has authority over activities on the land. However, the Service <br />does not object to Rocky Mountain Asphalt developing the HCP and draft Incidental Take Permit <br />with the Service and could be the Incidental Take Permit holder. Others, including the Colorado <br />State Land Board permit holder (Bob Stack), the Colorado Division of Minerals and Geology, the <br />Colorado Division of Wildlife, and the BLM may be parties to the HCP and Incidental Take Permit or <br />provide information during the process. <br />If the Service can be of further assistance, please contact Terry Ireland at the letterhead address or <br />(970)243-2778. <br />Sincerely, <br />1 ' <br />Richazd P. Krueger <br />Acting Assistant Colorado Field Supervisor <br />Enclosure <br />pc: FWS/ES, Lakewood <br />Colorado State Land Boazd, Denver (Attn: Mazk Davis) <br />CDMG, Denver (Attn: Jim Dillie) <br />CDOW, Durango (Attn: Chris Kloster) <br />CDOW, Colorado Springs <br />BLM, Canon City (Attn: Erik Brekke) <br />Tlrclnnd:RaYyM WiCP.IU:021000 <br />