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CESPK-CO-R Public Notice Number 199475349 <br />To comply with section 7(c) of the Endangered Species Act of 1973, as amended, Federal <br />agencies or their designees are required to obtain information from the U.S. Fish and <br />Wildlife Service concerning any species or critical habitat, listed or proposed to be listed, <br />which may be present in the area of a proposed project. Among the species which may be <br />present in the Animas River valley north of Durango are bald eagles (Haliacetus <br />leucocephalus) which winter in the vicinity of the gravel operations. In addition, an active <br />peregrine falcon (Falco ere rims nest is located west of Durango, and the hunting range <br />for the falcons using this nest includes the Animas River valley. Portions of the Animas <br />River valley contain suitable Southwestern willow flycatcher (Empidonax traillii extimus <br />habitat. If ongoing or proposed gravel mining operations will disturb these habitats, <br />flycatcher surveys will be required. <br />Interested parties are invited to submit written comments on or before April 15, 1996. Any <br />person may request, in writing, within the comment period specified in this notice that a <br />public hearing be held to consider this application. Requests for public hearings shall state, <br />with particularity, the reasons for holding a public hearing. <br />The decision whether to issue a permit will be based on an evaluation of the probable impact <br />including cumulative impacts of the proposed activity on the public interest. That decision <br />will reflect the national concern for both protection and utilization of important resources. <br />The benefit which reasonably may be expected to accrue from the proposal must be balanced <br />_against its reasonably foreseeable detriments. All factors which may be relevant to the <br />proposal will be considered including the cumulative effects thereof; among those aze <br />conservation, economics, aesthetics, general environmental concerns, wetlands, cultural <br />values, fish and wildlife values, flood hazards, flood plain values, Iand use, navigation, <br />shoreline erosion and accretion, recreation, water supply and conservation, water quality, <br />energy needs, safety, food and fiber production, mineral needs, consideration of property <br />ownership, and in general, the needs and welfare of the people. <br />For activities involving 404 discharges, a permit will be denied if the discharge does ont <br />comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the <br />preceding sentence and any other applicable guidelines or criteria, a permit will be granted <br />unless the District Engineer determines it would be contrary to the public interest. <br />The Corps of Engineers is soliciting comments from the public; Federal, state, and local <br />agencies and officials; Indian Tribes; and other interested parties in order to consider and <br />evaluate the impacts of this proposed activity. Any comments received will be considered <br />by the Corps of Engineers to determine whether to issue, modify, condition or deny a <br />permit for this proposal. To make this decision, comments are used to assess impacts on <br />endangered species, historic properties, water quality, general environmental effects, and the <br />other public interest factors listed above. Comments aze used in the preparation of an <br />Environmental Assessment and/or an Environmental Impact Statement pursuant to the <br />National Environmental Policy Act. Comments aze also used to determine the need for a <br />public hearing and to determine the overall public interest of the proposed activity. <br />6 <br />• <br />