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There are currently no other threatened, endangered, or candidate species in the Mine area <br />including the Fruita loadout area. Consequently, we have no comment on surface related actions <br />to other listed or candidate species. <br />If migratory birds, bald eagles (Haliaeetus leucocephalus) and golden eagles (Aquila chrysaetos) <br />occur in the project area, they could be impacted by surface activities. Consequently, please be <br />apprised of the potential application of the Migratory Bird Treaty Act (MBTA) of 1918, as <br />amended, 16 U.S.C. 703 et seq.; the Bald Eagle Protection Act (BEPA) of 1940, as amended, 16 <br />U.S.C. 668 et seq.; to your project. The MBTA does not require intent to be proven and does not <br />allow for "take." It states: "except as permitted by regulations... it shall be unlawful at any <br />time, by any means or in any manner, to ... take, capture, kill, attempt to take, capture, or kill, <br />possess ... any migratory bird, any part, nest, or eggs of any such bird." The BEPA prohibits <br />knowingly taking, or taking with wanton disregard for the consequences of an activity, any bald <br />or golden eagles or their body parts, nests, or eggs, which includes collection, molestation, <br />disturbance, or killing activities. <br />The Service also understands that part of the expansion will occur on Bureau of Land <br />Management (BLM) land and that the BLM will be reviewing the project. Should the BLM <br />submit documents for our review we may also informally consult with them in addition to <br />informal, and possibly formal, consultation with OSM. <br />If the Service can be of further assistance, please contact Terry Ireland at the letterhead address <br />or (970) 243-2778, extension 16. <br />S. <br />Allan R. Pfister <br />Western Colorado Supervisor <br />Pc: OSM/Denver (Carl Johnston) <br />BLM/Grand Junction (Heidi Plank) <br />TIrel and:CDRM SMcClaneCanyonCoalMineExpansionCommentLetter. docx:12162010: KM <br />2