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REPLY RFFER TO: ES/CO:ES-MSO MS 65412 GJ United States Department of the Interior I:ZSH nrm wunl.l~ srltvlcE ~I~;w s~ 76a Horizon Drive, Building B Gland Jurcuoq Coloredo 8150(x1996 February 10,2000 Robert Mangone Rocky Mountain Asphalt 1910 Rand Avenue Colorado Springs, Colorado 80906 Deaz Mr. Mangone: iii iiiiiiiiiiiuiii RECc1VED JUN 2 5 2001 Division of Minerals and Cealdgy The Fish and Wildlife Service is responding to your February 7, 2000, verbal request to Terry Ireland of our staff to provide you a letter describing options available for rock mining at Red Creek Canyon and the need for a Habitat Conservation Plan. The quarry is currently in operation and is located on a one-mile square State School Land section administered by the Colorado State Land Board. The intent of a HCP is to preserve habitat for federally threatened and endangered species on non-federal land while allowing a project to proceed even though incidental take of a listed species may occur. Incidental take of a species is permitted under an Endangered Species Act section 10 Incidental Take Permit that is issued with a HCP. For the purpose of the rock quarry, incidental take means killing, hann, or harassment of the Mexican spotted owl (Stria occidentalis lucida) that is incidental to the quarry operation. If issued, the Incidental Take Permit would describe the level of take allowable either through number of individual owls and/or through the amount of habitat altered by the project. This pas[ summer, Mr. Ireland provided the Colorado Slate Land Boazd a copy of a topographic map showing the Service's preferred mining azea (enclosed}. The preferred mining area was based on a site inspection conducted on August 12, 1998. The boundary line in the southwest portion of the School section follows asoutheast-northwest ridge that traverses the School section. The boundary line in the southeast portion of the school section is south of a ridge that runs northeast to southwest. These ridges form the southern geographic boundary of a bowl that the spotted owls occupy at least in the spring and summer and sometimes year round. The Mexican spotted owls in Red Creek Canyon have been radio-tracked in the canyon south of the School section but spend most of the spring to fall in the northern half of the school section and on the BLM land surrounding the School section. Locations of the owls and prime habitat on the northern half of the School section warranted drawing a Protective Activity Center in the northern half of the School section. A PAC is an area a biologist believes is necessary to ensure survival of a single ow] or pair of owls and is required through the Mexican Spotted Owl Recovery Plan finalized in 1995. During Terry Ireland's site inspection, he noted numerous wildlife sign in the School section including bighorn sheep. There was also diverse vegetation, especially in the Red Creek riparian zone. The surrounding BLM land is a Wilderness Study Area designated as such because of the rugged remoteness and wildlife habitat values. If a HCP is pursued, the Service must also consider impacts of mining to other environmental and social factors. A National Environmental Policy Act document will need to be prepazed to address these factors and the high wildlife value of the Red Creek Canyon azea will need to be considered. Apparently, there has already been mining in the southeast comer of the School section north of the boundary line as shown on the enclosed map. This boundary line is a recommended boundary and the mining to date has remained south of the ridge. The Service believes that if future mining is conducted south of the boundary lines on the map (with allowance for the existing mined area) that