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P IN REPLY REFER TO. United States Department of the Interior FISH AND WILDLIFE SERVICE F<ologiol Swica Warun Colorado Office 7W Horimn Drive, Sough Mna A Grand Junction, Colorado 81506394E III IIIIIIIIIIIIIIII ES/C0: CDMG RECEIVED MS 65412 GJ October 19, 1994 OCT 24 1994 Kathleen Welt, Environmental Supervisor Division ofMineraist:<cieology Mountain Coal Company West Elk Mine P.O. Box 591 Somerset, Colorado 81434 Subject: Release of Mountain Coal Company's West Elk Mine from surveys for candidate plant-and animal species Dear Ms. Welt: The U.S. Fish and Wildlife Service (Service) has reviewed your letter dated September 8, 1994. The letter requested release from conducting surveys for ten candidate animals and plants that may occur on the West Elk Mine. A literature search to determine their potential presence and surveys were conducted for them 1994. The ten animals and plants that were surveyed for in 1994 were the North American wolverine (Gulo gulo IuscusJ, northern goshawk (Accipiter gentiiis), southwestern willow flycatcher (fmpidomax traillii extimus), loggerhead shrike (Lanius ludovicianus), Colorado cutthroat trout (Salmo clarki pleuriticus), Great Basin silverspot butterfly (Speyeria nokomis nokomis), Astragalus brandegei (Brandegee milk-vetch), Lomatium concinnum (Colorado desert-parsley), Penstemon retrorsus (Adobe beardtongue), and Penstemon mensarum (Grand Mesa penstemon). While it is within the spirit of the Endangered Species Act (Act) to consider candidate animals in project reviews there is no legal protection afforded candidate species under the Act. Consequently, the Service's recommendations for surveys are only recommendations and do not have to be conducted unless the Colorado Division of Minerals and Geology or the Office of Surface Mining, Reclamation, and Enforcement stipulate surveys as a permit requirement. However, you should be aware of the fact that the southwestern willow flycatcher is proposed for listing as endangered and the North American wolverine has been petitioned to be listed. If both of these animals are listed, surveys for them may be required in the future. At this point in time the Service does not know the current range of the southwestern willow flycatcher in Colorado but we hope to delineate their range in the near future. If it is determined that the West Eik Mine falls within its range and future activities impact riparian habitats or nearby uplands the Service may require surveys. Riparian areas provide benefits for many species of animals and efforts to protect them should be performed whether the flycatcher is present or not. If the North American wolverine, or any other plant or animal species gets listed, the Service may also require