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9 <br />MEMORANDUM <br />DATE: <br />TO: <br />From: <br />RE: <br />United States Department of the Interior <br />July 8, 2014 <br />File <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />Western Region Office <br />1999 Broadway, Suite 3320 <br />Denver, CO 80202 -3050 <br />RECEIVED <br />JUL 14 2014 <br />aV WN OF RECLg1V <br />LAND SAF MA7 <br />Erica Trent, Natural Resource Specialist w <br />COSM#0019 <br />Endangered Species section 7 Determination of Effects for Williams Fork Mine <br />C -81 -044 RN -6, Moffat, Colorado <br />The Office of Surface Mining Reclamation and Enforcement (OSM) Western Region analyzed <br />the effects, of the BTU Empire Corporation's permit revision proposal, on threatened and <br />endangered (T &E) species, and their critical habitat. This analysis is to meet our requirements <br />under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and our Federal <br />regulations at 30 CFR 746.13 (c) and 816.97. Through a permit review coordination process <br />between the Colorado Division of Reclamation, Mining, and Safety (CODRMS) and OSM, OSM <br />has the lead on section 7 consultations regarding mining within the state of Colorado and; <br />therefore, has taken into consideration the applicable T &E species resource needs when <br />reviewing/evaluating the proposed permit revision ( #6), the current permit (C -81 -044), as well as <br />the wildlife surveys while developing this Biological Assessment (BA) and talking to the state <br />inspector of this mine. <br />Proposed Action <br />RN -06 proposes to renew Colorado State permit C -81 -044 for a period of five additional years. It <br />is anticipated that the mine will remain in temporary cessation for the renewed permit term. <br />Temporary cessation will result in no mining activities; therefore, no potential impacts to T &E <br />species; however any future mining activities at this site will require a new section 7 <br />consultation. <br />Consultation History <br />In a memorandum dated October 25, 1983, the U.S. Fish and Wildlife Service ( USFWS) <br />concurred with OSMRE's "no effect" determination for the Colorado pikeminnow, <br />(Ptychocheilus lucius), humpback chub (Gila cypha) due to no water depletion impacts. <br />In a letter dated Aril 27, 1984, the USFWS concurred with OSMRE's "no effect" determination <br />for the Colorado pikeminnow, (Ptychocheilus lucius), humpback chub (Gila cypha) due to no <br />