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United States Department of the FISH AND WILDLIFE SERVICE Ecological Services / 764 Horizon Drive, Building B i Grand Junction, Colorado 81506-3946 IN REPLY REFER TO: ~ ES/CO:OSM-CDMG ~ MS 65412 GJ August 19, 2005 ~E ;~ James R. Stark, Environmental Protection Specialist A~ Colorado Division of Minerals and Geology Deparirnent of Natural Resources Division 1'313 Sherrrian Street, Room'215 - ' - Denver, Colorado 80203 Deaz Mr. Stazk: The U.S.'Fish and Wildlife Service (Service) has reviewed your letter c requesting technical assistance regarding the Technical Revision Appli Sanborn Creek and Elk Creek Mine Permit No. C-1981-022. The appli your office by OxbowiMining, LLC. The proposed project is on privat managed by the Bureau of Land Management and the U.S. Forest Serv: counties, near the town of Somerset, Colorado. The operator proposes boreholes at the Elk Creek Mine, construct a drill pad for each hole, an to reach 11 of the drill;sites. The total proposed surface disturbance is ; acres. ~ It is uncleaz from your letter that you have coordinated with a Federal Forest Service, Bureau of Land Management, Office of Surface Minir proposed project. For'purposes of informal section 7 consultation unc Act of 1973, as amended (ESA), the Colorado Division of Minerals a~ _ __, _ designated,by the Federal action agency_to act.as their representative. to contact the appropriate Federal action agency to coordinate future c Service. We note thatiformal section 7 consultation is permitted only the Federal action agency, and this maybe required if the proposed pr estimated net annual water depletion from the Upper Colorado River 1 North Fork of the Gunnison River). In your letter, you request Service evaluation of the potential for impa endangered species of plants or animals, or wildlife species otherwise You also request Service comments within 15 days (your letter was re August 11, 2005) or you will proceed on the assumption that the Servi or objections to, the proposed action. EIVED 2 2 2005 and DeologY ted August 4, 2005, lion No. 53 for the ation was submitted to lands and lands e in Delta and Gunnison r drill 15 gob vent construct light-use roads iproximately 10.11 tion agency (e.g., U.S. etc.) regarding the the Endangered Species Geology maybe he Service advises you isultation with the tween the Service and :ct will increase the sin (which includes the to threatened or ~tected by Federal law. ved by our office has no concerns with,