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Rpr OS 03 02:48p Civil Resources LLC 3038332850 p.2 04/08/03 10:55 FpX 309 273 2971 US FISH & ttILDLIFE [11j001 g ar ~ United States Department of the Interior FISH AND v/II~L1FE SERVICE 4, ~ ,.• Eeologr'cal Services ~ ~,~~ _~~ Colorado Field Office 755 Parfet Street, Suite 361 ft'/t,° Lakewood, Colorado 80215 IN REPLY REFER TO: ES/CO: COE-0maha Mail Stop 65412 NPR 0 8 2003 Donna Ortiz Civil Resources 451 Oak Street, Suite 209 P.O. Bax G80 Frederick, Colorado 80530 Re: Bernhard Mining Site Dear Donna Orriz: On April I, 2003, the U.S. Fish and Wildlife Service (Service} received your letter regarding aggregate mining at the Bernhardt site near Milliken, Colorado. These comments have been prepazed under the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et. seq.). These cotments aze based on a project description and map. as well as a March 4, 2003 meeting with Ari Cornmen of my staff. Although they were not explicitly stated in your letter, the Service understands, based on discussions at the aforementioned meeting with Ari Cortunan, that the following statements are accurete regazding the project: 1. There are no bald eagle (Flaliaeetus leucocephalus) west sites or winter roosts within one mile of the project. 2. Aggregate ptncessing, materials piles, aad other related ground-disturbing activities will be either off-site or confined to the baze dirt areas indicated in "pod 1" in the map letter. 3. F1aI1-Irwin, or an authorized representative, will inform workel5 on site of the reason for, and importance of, limiting &sttu~bances and impacts m wildlife habitat outside of the fenced work areas. Based on the above understandings a¢d the details of your leaer, the Service concurs that your project is not likely to adversely affect the Preble's meadow jumping mouse, Zapus hudsonitu prebtei or the bald eagle, Ittatiaeenrs leucocephalus.