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United States Department of the Interior C~ fN HCPLY REFFR Tn. ES/OSM GJ-6-CO-96-F-011 COjKS/NEJUT MAILING ADDRESS: STREET' LOCATION: Post O(ficc Box 25486 l34 Union Blvd. Denver Federal Center Lakewood, Colorado 80228-1807 Dcm•cr, Catorado 80225-0456 SEp 31996 Memorandum ~ ~ ` O ~ _ 0 5 To: Assistant Director, Western Support Center, 1ff~ce of Surface Mining, Reclamation, and Enforcement, Denver, Colorado Attention: Acting Chief, Biological Sciences Branch From: Regional Director, Region 6, Fish and Wildlife Service, Denver, Colorado Subject: Final Biological Opinion for Bowie No. 2 Mine, Bowie, Colorado In accordance with section 7 of the Endangered Species Act of 1913, as • amended (16 U.S.C. 1531 et sey.), and the Interagency Cooperation Regulations (50 CFR 402), this transmits the Fish and Wildlife Service's final biological opinion for impacts to federally listed endangered species for the Bowie No. 2 Coal Mine. Copies of this opinion should be provided to the applicant because the Service has incorporated reasonable and prudent alternatives that should be included as conditions of any permits issued by the Office of Surface Mining, Reclamation, and Enforcement for this project. Reference is made to your July 17, 1996, biological assessment and request for initiation of formal consultation for the subject project. The Service concurs that the annual depletion of water from the Colorado River Basin "may affect" the endangered Colorado squawfish (Ptychocheilus Lucius), humpback chub (Gila cvoha), bonytail (Gila eleaans), and razorback sucker (Xyrauchen texanus) and "may affect" their critical habitat. The Service also concurs with your "no effect" determination for the bald eagle (Haliaeetus leucoceohalus), peregrine falcon (Falco peregrinus), and southwestern willow flycatcher (Emoidonax traillii extimus). BIOLOGICAL OPINION Based upon the best scientific and commercial information that is currently available, it is the Service's biological opinion that the proposed project, as described below, is likely to jeopardize the continued existence of the Colorado squawfish, humpback chub, bonytail, and razorback sucker and result in the destruction or adverse modification of their critical habitat. The Service has developed reasonable and prudent alternatives to avoid the likelihood of jeopardy to the endangered fishes and to avoid destruction or adverse modification of their critical habitat. FISH AND WILDLIFE SERVICE Mountain-Prairie Region