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May 22 03 12:37p Civil Resources LLC <br />04/08/03 10:55 FAX 303 275 2371 US FISH & WILDLIFE <br />IN REPLY REFER TO: <br />ES /CO: COE -Omaha <br />Mail Stop 65412 <br />Dann Ortiz <br />Civil Resources <br />451 Oak Street, Suite 209 <br />P.O. Box 680 <br />Frederick, Colorado 80530 <br />Re: Bernhard Mining Site <br />United States Department of the Interior <br />FISH AND WILDLIFE SERVICE <br />Ecological Sefvices <br />Colorado Field Office <br />755 Parfet Street, Suite 361 <br />Lakewood. Colorado 80215 <br />APR 0 8 2003 <br />3038332850 <br />Dear Danna Ortiz: <br />On April 1.2003, the U.S.1iisb and Wildlife Service (Service) received your letter regarding <br />aggregate mining at the Bernhardt site near Mi lliken, Colorado. These comments have been <br />prepared under the provisions of the Endangered Species Act of 1973, as amended (16 <br />U.S.C. 1531 et seq.). These comments are based on a project description and map, as well <br />as a March 4, 2003 meeting with Ari Cornman of my staff. <br />Although they were not explicitly stated in your letter, the Service understands, based on <br />discussions at the aforementioned meeting with Aii Cornmau, that the following statements <br />are accurate regarding the project: <br />1. Them are no bald eagle (Haliaeerrer leucocephalus) nest sites or winter roosts within <br />one mile of the project_ <br />2. Aggregate processing, materials piles, and other related ground - disturbing activities <br />will be either off -site or confined to the bare dirt areas indicated in `pod 1" in the <br />• map/letter. <br />3. Sall- Irwin, or an authorized representative, will inform workers on site of the reason <br />for, and importance of limiting disturbances and impacts to wildlife habitat outside of <br />the fenced work areas. <br />Based on the above waderstandings and the details of your letter, the Service concurs that <br />your project is not likely to adversely affect the Preble's meadow jumping mouse, Zapus <br />hudsonius preblei or the bald eagle, Haliaeetus leucocephalus. <br />P - <br />IRJ V ul <br />