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Page, I of 1 <br />Talvitie, Marcia <br />From: Dudash, Joe <br />Sent: Wednesday, April 30, 2008 2:26 PM <br />To: Talvitie, Marcia <br />Cc: Brown, Sandy <br />Subject: Oxbow RN-5 T&E Species Adequacy Question <br />Follow Up Flag: Follow up <br />Due By: Thursday, May 15, 2008 12:00 AM <br />Flag Status: Red <br />Oxbow has submitted Permit Renewal No. 5 for the Elk Creek/Sanborn Creek Mines. I was going to include the <br />following T&E species survey question in the adequacy review letter. Since you will be doing the adequacy review <br />letter for RN-5, I am e-mailing this adequacy question to you for inclusion into the Division's adequacy review letter. If <br />you have any questions, please let me know. <br />Section 2.04.11 Fish and. Wildlife Resources Information <br />One of the criteria for permit renewal approval, stated under Rule 2.07.6(2)(n), requires the Division to make a finding <br />that "the activities would not affect the continued existence of endangered or threatened species or result in the <br />destruction or adverse modification of their critical habitats as determined under the Endangered Species Act of 1973 <br />(16 USC Sec. 1531 et sue.) or the Nongame, Endangered or Threatened Species Conservation Act (Section 33-2-101 et <br />seq., C.R.S.) <br />Therefore, please review the information in Section 2.04-10, Vegetation Information, Section 2.04.11, Fish and <br />Wildlife Information, Section 2.05.6(2), Fish and Wildlife Plan, Exhibit 2.04-E6, Vegetation Information and Exhibit <br />2.04-E7, Fish and Wildlife Information in the permit application and confirm to the Division in writing that all <br />threatened and endangered species and candidate species and their habitats listed for Delta County and Gunnison <br />County have been discussed and evaluated. If not, a new survey will need to be performed for this permit renewal using <br />the current list of threatened and endangered and candidate species for Delta County and Gunnison County. If a new <br />T&E survey is performed, the Division will forward it to the OSM and they may send it to the US Fish, and Wildlife <br />Service for a Section 7 consultation. Failure to include candidate species could result in mine closure if the species is <br />listed in the future. The US Fish & Wildlife Service T/E species list can be found on the internet at: <br />http://www. fws. gov/mountain-prairie/endspp/countylists/colorado.pdf <br />The Colorado Division of Wildlife T/E species internet site is at: <br />http://wildlife. state.co.us/WildlifeSpecies/SpeciesOfConcemIThreatenedEndangeredList/. <br />5/23/2008