2008-08-06_PERMIT FILE - X200814212

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STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildlife state co us 2300 South Townsend Ave Montrose, CO 81401 Mr.. Murrai Shrestha Western Fuels Association PO Box 33424 Denver, CO 80233 For, Wildlife- For- People August 1, 2008 Dear Mr•. Shrestha: After reviewing your request for threatened and endangered (T&E) species clearance for exploratory drilling in T47N, R16W Section 25 (Third Park near Nucla, CO), the following species were identified as potentially occurring within this area. ,? ?c:ies > -Fed Fttdatruer,?d )4'ed'?reat?ited State Endan gyred S?i(?.1'1rICtl?tt?I? -- Bald Eagle No No (As of 8/8/2007) No Yes Kit Fox No No Yes No Black-footed Ferret Yes No Yes No Western Bun•owing Owl No No No Yes the bald eagle (Haliaeetm leucocephalus) does occur in this area, generally as a winter migrant.. However, it is doubtful the activities described would pose any substantial threat. It is the opinion of the Colorado Division of Wildlife (CDOW) that this species will not be adversely impacted by the descr ibed drilling activity, Kit Fox (Vulpes macrotis) have been documented in the eastern portions of Montrose County. However, surveys have not detected the presence of this species on the West End. As the habitat in the described area would be considered marginal, it is our determination there will be no adverse impacts to this species. Although there may be some suitable habitat in the area, occurrence of the black-footed ferret (Mustela nigripes) has not been recently documented in Montrose County.. Any threat posed by the described activities is considered negligible to this species, Adverse impacts to burrowing owls (Athene cunicularia hypugaea) are considered a possibility, as their presence has been recently documented in the Nucla area. If the described drilling activities are to occur- within 340 feet of a prairie dog colony, measures should be undertaken to determine the presence or absence of burrowing owls near, the sites in question. Ihis species is a summer migrant closely associated with prairie dog colonies, which they utilize for nesting and brood rearing activities.. Federal and state laws prohibit the harming or killing of Burrowing Owls or- the destruction of active nests Based on this, the CDOW recommends that surveys be conducted prior to any exploration.. The area surveyed should include any prairie dog burrows within a 300 foot buffer along access roads, and any prairie dog burrows within 300 feet around each exploratory hole. If' Burrowing Owls are confirmed to be present in a prairie dog town, there are two options before proceeding with planned activities: 1. Wait to initiate activities until after November 1 or until it can be confirmed that the owls have left the prairie dog town . DEPARTMENT OF NATURAL RESOURCES, Hams D Sherman, Executive Director WILDLIFE COMMISSION, Robert Bray, Chair • Brad Coors, Vice Chair • Tim Glenn, Secretary Members, Dennis Buechler • Jeffrey Crawford • Dorothea Farris • Roy McAnaily • Richard Ray • Robert Streeter Ex Officio Members, Harris Sherman and John Stulp