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The list above was compiled from an inventory for Garfield County. Therefore, it may <br />be that some or all of these species do not presently occupy or use the project area, and/or <br />that habitats for these species do not exist within the project area. If you determine that <br />some or all of the species are not present, and/or that no habitats for these species exist in. <br />the project.area, then you may arrive at."no effect" findings The four federally-listed <br />fishes are included on the list in the event that project results -in any measurabfe water . - <br />depletions to the Upper Colorado River Basin, and therefore affects these listed fishes or <br />their off-site habitat, including downstream critical habitat. <br />Regarding Federal candidates for official listing as threatened or endangered, these <br />species presently have no legal protection under the ESA, but it is within the spirit of the <br />Act to consider project impacts to these potentially sensitive species. <br />Bald eagles and other raptors are known to use the Grand Valley's Colorado River <br />corridor as winter foraging habitat, and could use the East Salt Creek drainage. The bald <br />eagle has been removed from the threatened list effective August 8, 2007, but the Bald <br />and Golden Eagle Protection Act and the Migratory Bird Treaty Act continue to protect <br />the species. We suggest you evaluate the potential for the proposed new sedimentation <br />pond at the site to act as an attractive "nuisance" to migratory birds (including eagles) <br />and terrestrial wildlife, especially if the pond waters will be of low quality. If this is the <br />case, we suggest that measures to prevent wildlife from contact with the pond should be <br />evaluated (e.g., pond netting, fencing, etc.) <br />The U.S. Fish and Wildlife Service (Service) provides these comments under the authority of, <br />and in accordance with, the provisions of section 7 of the Endangered Species Act of 1973, as <br />amended (16 U.S.C. 1531 et seq.), and the Interagency Cooperation Regulations (50 CFR 402). <br />If the Service can be of further assistance, please contact Larry Thompson at the letterhead <br />address or (970) 243-2778, extension 39. <br />cc: Colorado Division of Reclamation, Mining, and Safety, Denver (Daniel Mathews) <br />CDOW, Grand Junction (Paul Creeden) <br />LThompson:OSMCDRMS McClaneCanyonMineTR-16SpcLst. doc:012808 <br />2