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~~ ~ ~II ~I~~I~~I~~~~~~I~ <br />United States Department of the Interior <br />FISH AND WILDLIFE SERVICE <br />Ecological Services <br />~+`~'~~ ~ 764 korizon Dri vc, South Annex A <br />Grand Junction, Colorado 81506-3946/! <br />IN REPLY REFER TO: <br />ES/CO:FWS-HCP <br />MS 65412 GJ <br />"~ <br />8E341fl•OflQ~ <br />~% <br />January 29, 1999 <br />Bob Stack <br />Red Canyon Limited <br />3131 Barrett Road <br />Colorado Springs, <br />Liability Co. <br />Colorado 80926 <br />Dear Mr. Stack: <br />RECEIVED <br />FEa O 1 1939 <br />Division of Minerals & <br />Geolp9Y <br />Terry Ireland of our staff received your Mexican spotted owl Habitat <br />Conservation Plan permit application and fee. The HCP may be necessary <br />because of impacts to the owl from your proposed Red Canyon Rock Quarry which <br />you have been permitted to operate by the Colorado State Land Board. Since <br />Terry and your wife, Linda, last discussed the HCP, Terry and other staff <br />members have had discussions about the HCP process. <br />It was determined that the Colorado State Land Board should be the HCP permit <br />holder since they are the landowners and are allowing you to mine the land. <br />Obviously, you (Red Canyon Limited Liability Company) would still be an <br />involved party in the HCP process. The other involved parties would include <br />Rocky Mountain Materials and Asphalt, Inc. (the project operator), the <br />Colorado Division of Minerals and Geology, and the U.S. Fish and Wildlife <br />Service. <br />It was also determined that the proposed rock quarry won't qualify for a lo~+ <br />effect HCP. This means that an Environmental Assessment or Environmental <br />Impact Statement must be written under the National Environmental Policy Act <br />to consider environmental effects of the proposed incidental take and the <br />mitigation and minimization measures. The Red Creek Canyon area has a <br />diversity of plant and animal species inhabiting it, besides the Mexican <br />spotted awl, that must be considered in the NEPA process. <br />We would prefer that no mining take place prior to development of an HCP, but <br />we have no evidence that mining in the southeast corner of the School Land <br />would impact the owls. The Mexican spotted owls appear to primarily be using <br />