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APPENDIX P
<br />remainder of this document will address. the effects of the depletions and other aspects of the Mine fund Uadout Facility
<br />4n the endangered Colorado kiver fishes.
<br />Small Depletions under the Recovery Implementation Pjrogran i for the.Upper Colorado River Basin
<br />A Recovery Implementation Program for Endangered Fish Species. in tlic Upper Colorado River Basin was initiated on
<br />aaniiar+ 22,19 The Recovery 1?rogratit was intended tb'be the reasonable and prudent alternative to avoid jeopardy grid
<br />destruction or adverse mod ification,ofcriticAhabitat to the etidaogergd fishes.eauseQ try depj4tiong,from the Upper
<br />Colorado River Basin. In grder fo Nrther sigfirce and clarify the process of the Recoy_ery Program, .a section 7 agreement
<br />was hApleniented on October 151 199 , by the Recovery Program participants. Incorporated into this agreement is a
<br />Recovery implements'tidii Program Reoodery' A, tion Plan which identifies actions currently believ_ ed to borequired to
<br />reeover•the endangered fishes in the most expeditious manner.
<br />Included in the Recovery Program Nyas the riequircmerit that a depletion fee would be paid by water users to- help support
<br />the Recov..ery Program. On June 4, 201.0, Die $,;rvice. amended an intra -Service Biological Oplipop dated March 9, 1995
<br />(##ES-6-RO.95tF-001) determining that the depletion fee'for depietivns of 100 acre-feetar less are no longer required
<br />because the Recovery Program Inas inside sufficient progress toward recovery to serve as Conseivation Measures formally
<br />reasonable acid prpdgnt al#ernatives) ,for new olid Iti t- i"' rojecf.depletions of 1.00 acre-feet or less. The Jude 4, 2010,
<br />intra=Setvice Biological Opinion added 4,501) aere-£eet o6yater-to the cumulative total of 7,560 acre-foet covered in the
<br />previous Jurle 27,,2002, stiiall depletion intra=Service Biological Opinion that also amended the March 9, 1995, Biological
<br />Opinion. Therefore, the cumulative total ol'small depletions covered by the2010 intra -Service Biological Opinion is
<br />12,000 acre-feet. The'2U10 intra78ervice'Bfpl9gical Opinion concluded that small water depletions, up to the additional
<br />4,500 acre-feot, are not likely to jeopardize the 6oi6h ied existence of the oodahgered fishes and are not likejy to destroy
<br />or adversely modify critical habitat. Therefore, fire depletion fee for this piojeat is waived and fuither.cbbsidiation
<br />regarding the proposed depletions is not required as these effects'havebeen analyzed in the 2010 Biological Opinion as
<br />amended to the original 11rMarch 9, 1995, Biological Opinion (#ES-6-RO-95-F-Odt).
<br />Consultation 13ist6ry on the Mp0ane Canyon Mine
<br />In October 19,85 and February 1986 a BA and a BA amendment were submitted by the Office of Surface Mining,
<br />Reclamation and Enforcement (OSM) to allow the pret+ious o*iwt, Wt Creek Mining Company; to cbhtinUe,operating
<br />the underground IY1cClane Capyon Mine. In respOn fo pre 3J�Q,.the Service issued a March 1986 biological opinion (BO)
<br />(S1s/SLC; .5-86-F-003) fbe.iiripacts to the endangered Colorado River fishes as a result of a 1:5 acre-foot depletion. In
<br />March 1992 OSlvl g g4;i Itted a BA10 iriodify the mining plan and expand the 'water de' 'letion to a total of 5 acre feet. The
<br />Service responded in April 1.9Z }vitlt BC #FWD/GJ-6-00�92 F=QQ7. In Decent. pr 1099 OSM reported tb'the Service
<br />that the Mine ,uicreased coal ,production resulting in an. additional 0,9 acre-feet of depl0ion;1'he $ervice rssped a tiered
<br />130 #ES-6-ItO-9$-F=001-OJ291, in :vyhieh it -was stated that depletions less than 16b acre-feet would no longerrequire a
<br />depletion fee (citing a July 8, 1§97, intra -Service BO drat arpefided the original March 9, 1995, intra -Service BO), In
<br />December 2601 OSM'inf'oi�med the service that cgal prosIugiion would increase from 500,000 tons.tq 1..7 million ions per
<br />year rescilting i» a "total of 7,49 acre:feet of wster,depletion. The S`erv`ice then issued another tiered n0 #ES -6 -Ira -95 -F-
<br />061 -©J316 in January 2002 to address ilie expansion of coal production.
<br />On Noverpber 10, 2010; the Colorado'Division of Reclamation, Mining, and Safety (CD12MS)»gtifted the Service that
<br />the current Permit -Revision appiicatioit (PR 2), addressed tri this consultation, was filed by CAM and they intend to
<br />expand�stuface Facilities and coal production to 500,000 tons. The Service teipohded to.QDRMS oil Decerribet �16, 2010,
<br />and stated that the depletion of 7.49 acre-feet was already consulted on for.the estimated 1,7 million tons per year of coal
<br />prQiluction, as stated in. file2001 BA olid 2002 tiered BO, but if the depletion arjrout}t increased O$IVI would need to
<br />consult with the service. Despite ltt�e 2001 BA evaluating the expansion of production from 500,066 torts per year to 1.7
<br />M.
<br />torts per year actual coal production deciined to about 280,,000 tons per year. The Cartieq Coal Plant was ate
<br />Mine's only customer and when the Caiiteo Opal Plant efosed at the end of 2010, the Mine became idle. The Mine has
<br />subsequently found new customers and, dier8fore, has submitted PR -2 to resume mining and expand facilities and
<br />PR -02 10/12
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