Laserfiche WebLink
adversely modify proposed critical habitat for the cuckoo. We concur with your determinations. <br /> We base our concurrence on the rationale provided in the BA and additional Service review and <br /> analysis. We would like to point out, however,that many questions remain regarding the <br /> cuckoo's status and the potential contaminant levels in the action area; new information could <br /> lead to different conclusions in the future. <br /> We conclude informal consultation under section 7 of the Act for the cuckoo and its proposed <br /> critical habitat. Further consultation pursuant to section 7(a) (2) of the Act is not required at this <br /> time. As provided in 50 CFR §402.16,reinitiation of formal consultation is required and shall be <br /> requested by the Federal agency or by the Service, where discretionary Federal involvement or <br /> control over the action has been retained or is authorized by law and: (a) If the amount or extent <br /> of taking specified in the incidental take statement is exceeded; (b) If new information reveals <br /> effects of the action that may affect listed species or critical habitat in a manner or to an extent <br /> not previously considered; (c) If the identified action is subsequently modified in a manner that <br /> causes an effect to the listed species or critical habitat that was not considered in the BO; or(d) If <br /> a new species is listed or critical habitat designated that may be affected by the identified action. <br /> In accordance with section 7 of the Act and its implementing regulations, this BO incorporates <br /> the best scientific and commercial information available on the effects of the proposed action to <br /> federally listed species and their critical habitats, including from the mining and combustion of <br /> coal resulting in mercury and selenium emissions and subsequent deposition and accumulation in <br /> listed species within the Yampa and White River Basins. A complete record of this consultation <br /> is on file at the Service's Western Colorado Ecological Services Field Office, in Grand Junction, <br /> Colorado. <br /> If you have questions regarding this consultation,please contact Creed Clayton at <br /> (970) 628-7187. <br />