2004-06-29_PERMIT FILE - C1981038 ‎(3)‎

• Permit No: C1981038
• IBM Index Class Name: Permit File
• Doc Date: 6/29/2004
• Doc Name: Colorado Discharge Permit ‎(NPDES)‎
• Section_Exhibit Name: Volume 7 Exhibit 02 Section 7 Consultation
• Media Type: D
• Archive: No

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to meet the instream flow needs of the endangered fishes; or, when recotitmended by the
Implementation Committee, the funds will be used to support other recovery activities for the
endangered fishes. All pa}~ments should be made to the Foundation.
National Fish and Wildlife Foundation
1120 Connecticut Avenue, N.W.
Suite 900
Washington, D.C. 20036
In a letter dated November 5, 1999, Bowie Resources Limited agreed to this payment (Appendix
A).
Each payment is to be accompanied by a cover letter that identifies the project and biological
opinion number that requires the payment, the amount of payment enclosed, check number, and
any special conditions identified in the biological opinion relative to disbtusement or use of the
funds (there aze none in this instance). The cover letter also shall identify the name and address
of the payor, the name and address of the Federal Agency responsible for authorizing the project,
and the address of the Service office issuing the biological opinion. This information will be
used by the Foundation to notify the payor, the lead Federal Agency, and the Service that •
payment has been received. The Foundation is to send notices of receipt to these entities within
5 working days of its receipt of payment.
INCIDENTAL TAKE
Section 9 of the Endangered Species Act, as amended, prohibits any taking (harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture or collect, or attempt to engage in any such conduct) of
listed species without a special exemption. Under the terms of section 7(b)(4) and section
7(0)(2), taking that is incidental to and not intended as part of the agency action is not considered
taking within the bounds of the Endangered Species Act, provided that such taking is in
compliance with the incidental take statement.
The Service does not anticipate that the proposed action will result in any incidental take of the
endangered fishes.
CONCLUSION
This concludes the Service's biological opinion on the impacts of the proposed project. This
opinion was based upon the information described herein. If new information becomes available,
if a new species becomes listed, if incidental take occurs, if the total average annual amount of
water depleted by this project changes, or if any other project element changes which alters the
operation of the project from that which is described in your correspondence and which may
affect any endangered or threatened species in a manner or to an extent not considered in this
biological opinion (see 50 CFR 402.16), formal section 7 consultation should be reinitiated. The