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13. Regulation 2.02.2(3). Impact on the continued existence of threatened and <br />endangered species. <br />By a letter dated May 18, 2007, Western Fuels requested the Montrose office of <br />the Colorado Division of Wildlife fora clearance on the threatened and <br />endangered species for the exploration program. The DOW responded to Western <br />Fuels' request in a letter dated August 15, 2007. A copy of the letter has been <br />previously provided to DRMS The DOW identified Bald Eagle, Kit Fox, Black- <br />footed Ferret and Western Burrowing Owl as endangered or threatened in the <br />area. However, they were only concerned about the Western Burrowing Owl. <br />They recommended that Western Fuels conduct a .survey for this species. <br />However, such a survey would not be required and drilling will be permitted if the <br />drilling activity took place between November I and March 14. The drilling <br />activity is most likely to take place in October, 2007. During a telephone <br />conversation with Jim Garner of the DOW, he advised the undersigned to contact <br />him if the drilling activity was to take place in October. Mr. Garner indicated that <br />he and another DOW employee could visit the drilling site and, since the Western <br />Burrowing Owls start to migrate out of the area in October, could issue a waiver <br />from the survey requirement and authorize the drilling activity. Western Fuels <br />plans to contact Mr. Garner for such a visit. Western Fuels' revised drilling <br />program stays within the area of activity provided to CDOW. <br />Please contact me with any more comments. I expect to receive DRMS' <br />reclamation cost estimate in the near future. <br />Sincerely, <br />C~~ ~ ,~~~ <br />`- ~ Y ~M~urari P. Shrestha, P.E. <br />Director of Engineering and Contracts <br />cc: Duane Richards <br />George O'Hara <br />4 <br />