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APPCOR10359
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Last modified
8/24/2016 6:26:45 PM
Creation date
11/19/2007 2:10:01 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1992081
IBM Index Class Name
Application Correspondence
Doc Date
7/27/1993
Doc Name
FINAL BIOLOGICAL OPINION FOR THE HAYDEN GULCH LOADOUT FACILITY ROUTT CNTY COLO
From
FISH AND WILDLIFE SERVICE
To
OSM
Media Type
D
Archive
No
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?.. <br />biological opinion for review by the lead Federal Agency and the applicant; <br />however, the Office of Surface Mining, acting through Minerals and Geology, <br />already included a stipulation to require contribution to the National Fish <br />and Wildlife Foundation for the anticipated depletion impacts, thereby <br />allowing completion of this final biological opinion. <br />The Service concurs that the annual depletion of water from the Colorado River <br />Basin "may affect" the endangered Colorado squawfish (Ptvchocheilus Lucius), <br />humpback chub (Gila cvoha), bonytail chub (Gila eleaans), and razorback sucker <br />(Xyrauchen texanus). Further, the Service also concurs with the Minerals and <br />Geology conclusion that the water depletion will result in the adverse <br />modification of proposed critical habitat and has included a conference <br />opinion to address this issue. The biological assessment by Minerals and <br />Geology concludes no effect for the black-footed ferret, bald eagle, and <br />whooping crane due to lack of suitable habitat. The Service concurs with this <br />finding for these species. <br />BIOLOGICAL OPINION <br />Based upon the best scientific and commercial information that is currently <br />available, it is the Service's biological opinion that the proposed project, <br />as described below, is likely to jeopardize the continued existence of the <br />Colorado squawfish, humpback chub, bonytail chub, and razorback sucker. The <br />Service has developed reasonable and prudent alternatives to avoid the <br />likelihood of jeopardy to the endangered fishes. These reasonable and prudent <br />alternatives should be included as stipulations to any permits required of the <br />applicant from the Office of Surface Mining or Minerals and Geology. <br />CONFERENCE OPINION <br />Critical habitat has been proposed for the Colorado squawfish, humpback chub, <br />bonytail chub, and razorback sucker within the 100-year floodplain in portions <br />of their historic range (58 FR 6578). Destruction or adverse modification of <br />critical habitat is defined in 50 CFR 402.02 as a direct or indirect <br />alteration that appreciably diminishes the value of critical habitat for both <br />the survival and recovery of a listed species. The Service has determined <br />that the project is likely to cause destruction or adverse modification of <br />proposed critical habitat for the four listed endemic fishes. The Service has <br />developed reasonable and prudent alternatives that would avoid destruction or <br />adverse modification to proposed critical habitat. <br />PROJECT DESCRIPTION <br />Minerals and Geology proposes to issue a permit to Hayden Gulch Terminal, <br />Inc., to reauthorize storage and shipping of coal from an existing facility <br />near Hayden, Routt County, Colorado. The existing facility has been inactive <br />since 1986, but new owners plan to begin operations in the near future. The <br />permit area of approximately 176 acres is designed to store approximately <br />50,000 tons of coal. Approximately 106 acres of the permit area have been or <br />will be disturbed by mining. Other site features include roads, rail spurs, <br />and sediment ponds. Minerals and Geology has concluded that the operation of <br />the facility will result in an annual depletion of up to 56.4 acre-feet from <br />the Yampa River. <br />
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