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United States Department of the Interior <br />Irv REPLY REFER TO: <br />ES-6-RO-95-F-001-GJ69 <br />MS 65412 GJ <br />Memorandum <br />FISH AND WILDLIFE SERVICE <br />Ecnlogid Servica <br />We,mrn Colorado Office <br />7Gti Horirun Drive. $ourh Anna A <br />Grand Junction. Colorado 815OG394G <br />RECEIVED <br />SEP 14 ~gg5 <br />July 31,1995 <br />Division or nnmerais 8 Geoloyy <br />To: Office of Surface Mining, Reclamation and Enforcement, Denver, <br />Colorado (Attn: Greg Reed) <br />From: Assistant Field Supervisor, U.S. Fish and Wildlife Service, <br />Ecological Services, Grand Junction, Colorado <br />Subject: Seneca Coal Company's Yoast Mine, Routt County, Colorado <br />In accordance with section 7 of the Endangered Species Act of 1973, as <br />amended (16 U.S.C. 1531 et seq.), and the Interagency Cooperation Regulations <br />(50 CFR 402), the Fish and Wildlife Service reviewed your July 19, 1995, <br />correspondence regarding the impacts of the Seneca Coal Company's Yoast Mine <br />Project. The Service concurs with your "no affect" determinations for the <br />bald eagle (Haliaeetus Ieucocephalus), peregrine falcon (Falco peregrinus), <br />and whooping crane (Grus Americana). The Service concurs with your "may <br />effect" determination for the Colorado squawfish (Ptychocheilus Lucius), <br />razorback sucker (Xyrauchen texanus), bonytail (Gila elegans), and humpback <br />chub (Gila cypha) due to water depletion impacts. Your letter mentions that <br />since the water depletion is under 100 acre-feet the depletion will be covered <br />by the intro-Service section 7 consultation for the Upper Colorado River Basin <br />and the Service will consider the July 19, 1995, letter as initiating formal <br />consultation. <br />The project is located in several sections within T. 5 and 6 N., R. 87 W., <br />Routt County, Colorado. The proposed action will cause an average annual <br />depletion of 48.9 acre-feet to the Yampa River in the Upper Colorado River <br />Basin. <br />A Recovery Implementation Program for Endangered Fish Species in the Upper <br />Colorado River Basin was initiated on January 22, 1988. The Recovery Program <br />was intended to be the reasonable and prudent alternative to avoid jeopardy to <br />the endangered fishes by depletions from the Upper Colorado River Basin. <br />In order to further define and clarify <br />section 7 agreement was implemented on <br />Program participants. Incorporated in <br />Implementation Program Recovery Action <br />believed to be required to recover the <br />expeditious manner. <br />the process in the Recovery Program, a <br />October ]5, 1993, by the Recovery <br />to this agreement is a Recovery <br />Plan which identifies actions currently <br />endangered fishes in the most <br />