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<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 <br />Division to make a finding that "the activities would not affect the continued existence of <br />endangered or threatened species or result in the destruction or adverse modification of their <br />critical habitats as determined under the Endangered Species Act of 1973 (16 USC Sec. 1531 et <br />eq.) or the Nongame, Endangered or Threatened Species Conservation Act (Section 33-2-101 et <br />SeMc ., C.R.S.) <br />Therefore, please review the information in Section 2.04.11, Fish and Wildlife Resources <br />Information and Section 2.05.6, Fish and Wildlife Plan of the permit application and confirm to <br />the Division in writing that all threatened and endangered species and candidate species and their <br />habitats listed for Delta County have been discussed and evaluated. If not, a new survey will need <br />to be performed for this permit renewal using the current list of threatened and endangered and <br />candidate species for Delta County. If a new T&E survey is performed, the Division will forward it <br />to the OSM and they may send it to the US Fish and Wildlife Service for a Section 7 consultation. <br />Failure to include candidate species could result in mine closure if the species is listed in the <br />future. The US Fish & Wildlife Service T/E species list can be found on the internet at: <br />http://www. fws.p,ov/mountain-prairie/endspp/`couniylists/colorado.pdf <br />The Colorado Division of Wildlife T/E species internet site is at: <br />http://wildlife.state.co.us/W ildlifeSpecies/SpeciesOfConcemIThreatenedEndangeredList/. <br />If you have any questions, please call me. <br />Sincerely, <br />"-k <br />osep J. <br />tash <br />Environmental Protection Specialist <br />cc: Sandy Brown (DRMS) <br />c:\word\terror\m5adeg3 <br />2