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i • <br /> <br />Page 2 <br />the northern half of the School Land section but use in the southern half <br />could certainly occur. The owls have not been radio tagged for three or four <br />years so current foraging areas are unknown and winter use areas are unknown. <br />Disturbance impacts to the owls could occur during mining of the southern half <br />of the section. The further north mining takes place, the more likely there <br />will be disturbance and habitat impacts. It may be possible to agree to a <br />limited mining plan that would not impact the owls or their habitat. A <br />Memorandum of Agreement or other document could then be written with the <br />Colorado State Land Board, stating that mining will only take place in the <br />nonimpact areas and an HCP would not be needed. We have included a map <br />showing where we believe mining could occur without irnpactil~g the owls and for <br />which no HCP would be necessary. <br />We are returning your check for the permit application fee and are sorry for <br />the inconvenience we may have caused. We will keep the permit application in <br />case we need it for reference while discussing the HCP with the Colorado State <br />Land Board. After discussions with the Land Board, we or the Land Board will <br />contact you with the latest information on the HCP process. <br />If the Service can be of further assistance please contact Terry Ireland at <br />the letterhead address or (970) 243-2778. <br />Sincerely, <br />G~ <br />usan T. Moyer <br />G~ Assistant Colorado Field Supervisor <br />pc: FWS/ES. Lakewood <br />CDMG, Denver <br />BLM, Canon City (Attn: Erik Brekke) <br />Colorado State School Land Board, 1313 Sherman Street. Room 620. Denver, <br />Colorado 80203 (Attn: Charles Bedford, Director) <br />7lreland:RedCrHC3.1[r~012999 <br />