2011-12-27_PERMIT FILE - M2011054 (2)

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IN REPLY REFER TO ES /CO:CDRMS TAILS 06E24100- 2012 -SL -0059 Travis Marshall Colorado Division of Reclamation, Mining, and Safety 1313 Sherman Street, Room 215 Denver, Colorado 80203 Dear Mr. Marshall: Endangered Bonytail Colorado pikeminnow Humpback chub Razorback sucker Threatened United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services 764 Horizon Drive, Building B Grand Junction, Colorado 81506 -3946 December 22, 2011 Federally Listed and Candidate Species Gila elegans Ptychocheilus lucius Gila cypha Xyrauchen texanus Sclerocactus glaucus Colorado hookless cactus id- 2e /1 e-'6Y RECEIVED DEC 2 Vaf1 Division of Reclamation, Mining & Safety The U.S. Fish and Wildlife Service (Service) reviewed your November 29, 2011, letter regarding the proposed Oldcastle Southwest Group, Inc.,dba United Companies' DeBeque sand and,gravel pit. The proposed pit is in T. 9S, R. 97W, sections 9 and 4, Mesa County, Colorado. A copy of the topographic map provided did not show an existing sand and gravel pit; however, the map was produced in 1962. I looked on Google Earth and it shows a pond that now exists on the property that appears to be created from sand and gravel mining. It was unclear from your November 29 letter whether there was going to be additional sand and gravel mining or whether the notice was solely for reclamation of the existing pit and disturbances. It is also unknown if section 7 consultation under the Endangered Species Act (use full citation) was ever required or conducted for the apparent existing sand and gravel pit. If there were no Federal actions (a Federal permit, authorization, funding, or implementation) then section 7 consultation may have not been required. If a Federal action is necessary at this time, then the lead Federal agency (such as the U.S. Army Corps of Engineers) should consult with us on potential impacts to the following species that may be in the project area or may be affected by the project.