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STATE OF COLORADO <br />Bill Ritter, Jr., Governor <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WILDLIFE <br />AN EQUAL OPPORTUNITY EMPLOYER <br />Thomas E. Remington, Director <br />6060 Broadway <br />Denver, Colorado 80216 <br />Telephone: (303) 297-1192 <br />wildlife.state.co.us <br />2300 South Townsend Ave <br />Montrose, CO 81401 <br />Mr. Murrai Shrestha <br />Western Fuels Association <br />PO Box 33424 <br />Denver, CO 80233 <br />b <br />L yqy <br />\OF? <br />For Wildlife- <br />For People <br />November 5, 2008 <br />Dear Mr. Shrestha: <br />After reviewing your request for threatened and endangered (T&E) species clearance for exploratory <br />drilling in T47N, R16W Sections 24,25 & 26 (Second Park nearNucla, CO), and T46N R16W Sections 1 l and <br />12 (First Park near Nucla, CO), the following T&E species were identified as potentially impacted. <br />Species Fed Endat ered' fed: Threatened State Endangered State Threaten , c. <br />Bald Eagle No No (As of 8/8/2007) No Yes <br />Kit Fox No No Yes No <br />Black-footed Ferret Yes No Yes No <br />Western Burrowing Owl No No No Yes <br />The bald eagle (Haliaeetus leucocephalus) does occupy this area as a winter migrant. However, it is <br />doubtful the activities described would pose any substantial threat. It is the opinion of the Colorado Division of <br />Wildlife (CDOW) that this species will not be adversely impacted by the described drilling activity. <br />Kit Fox (Vulpes macrotis) have been documented in the eastern portions of Montrose County. However, <br />surveys have not detected the presence of this species on the West End. It therefore our determination there will <br />be no adverse impacts to kit fox. <br />Although there is some potentially suitable habitat in the area, occurrence of the black-footed ferret <br />(Mustela nigripes) has not been recently documented in Montrose County. Any threat posed by the described <br />activities is considered negligible to this species. <br />Adverse impacts to burrowing owls (Athene cunicularia hypugaea) are considered a possibility. <br />However, these birds are migratory and would not be impacted by drilling activities implemented between <br />November I and March 14. In your letter requesting clearance, it states your intent to conduct the drilling <br />program "this year". We interpret this to mean calendar year 2008.' If drilling activities are conducted between <br />November 1 2008 and March 14, 2009, we anticipate no adverse impacts to burrowing owls. <br />If you have any questions, please feel free to contact myself or any member of my staff. <br />Sincerely, <br />Renzo De iccolo <br />Area 18 Wildlife Manager <br />Colorado Division of Wildlife <br />DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director <br />WILDLIFE COMMISSION, Robert Bray, Chair. Brad Coors, Vice Chair • Tim Glenn, Secretary <br />Members, Dennis Buechler • Jeffrey Crawford • Dorothea Farris • Roy McAnally • Richard Ray • Robert Streeter <br />Ex Officio Members, Hams Sherman and John Stulp