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5/7/2014 State.co.us Executive Branch Mail - Bowie No. 2 Mine C1996083 MR150 - CPW Comments <br />Burgmaier - DNR, Susan <susan.burgmaier @state.co.us> Wed, May 7, 2014 at 10:28 AM <br />To: aetter @bowieresources.com, Bill Bear <BBear @bowieresources.com >, Jim Stover <jestover @bresnan.net> <br />Cc: Alysha Hernandez - DNR <alysha.hernandez @state.co.us> <br />The Division received additional comments (below) from Colorado Parks and Wildlife on the MR -150 application. <br />The comments are being forwarded to you in accordance with Rule 2.07.3(5). <br />Susan L. Burgmaier <br />Coat Regulatory Program <br />Department of Natural Resources <br />P 303.866,3567 x 8111 I F303.832.8106 <br />1313 Sherman Street, Room 215, Denver, CO 80203 <br />susan.burgmaier@state.co.us I http-//mining.state.co.us <br />Hi Susan- <br />have discussed the request by Bowie to allow in- stream work to occur after June 1 with CPW aquatic biologists. <br />CPW has designated West Terror Creek as a cutthroat trout conservation population. According to information <br />provided by Bowie, the anticipated in stream work from this project could last for approximately 10 days during <br />spawning season. We are concerned about the potential negative impacts to cutthroat trout spawning and <br />incubation and subsequent population recruitment. Thus, CPW recommends that no in stream work occur <br />between June 1 to Sept 1 time period to protect cutthroat trout. <br />In addition, CPW aquatic biologists inform me that West Terror Creek has "Greenback" lineage cutthroat trout <br />now designated as "green" fish in the latest genetic review. Until the taxonomy issues are resolved, FWS <br />considers any Greenback lineage cutthroat trout with 'Threatened' status under ESA. CPW recommends <br />contacting the USFWS for more information on their status under the ESA and any conservation measures that <br />they may require under a Section 7 consultation with the USACOE. <br />Let me know if you need anymore information or would like do discuss our recommendations further. <br />https: / /mai l.g oog le.conVmai 1 /u /0 / ?ui =2 &i Ire29129fcb5 &�iev�-- pt &search =i nbox&th= 145d784890be8b3a &si ml= 145d784890be8b3a 1/3 <br />