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United States Department of the Interior <br />• <br />IN REPLY REFER TO: <br />ES/GJ-6-CO-99-F-033-CP078 <br />TAILS 65413-2007-F-0033 <br />Memorandum <br />~a" <br />January 4, 2007 <br />r. <br />~> a~ --: <br />To: Natural Resources Specialist, Office of Surface Mining, Reclamation and <br />Enforcement, Denver, Colorado <br />Fgo~y: t Western Colorado Supervisor, Fish 'i ~ e solo ' Se 'ces, Grand <br />Jl~~,,k~ Junction, Colorado 1 <br />~~ <br />Subject: Final Biological Opinion for Snowcap Coal Company, Roadside North and South <br />Portals Mine, Permit C-81-041, Post Mining Land Use Change, Permit Revision . <br />PR-03 <br />• In accordance with section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. <br />1531 et seq.), and the Interagency Cooperation Regulations (50 CFR 402), the Fish and Wildlife <br />Service transmits this correspondence to serve as the final biological opinion for Revision 03 to <br />Permit C-81-041 for the Roadside North and South Portals (formerly known as the Roadside and <br />Cameo Mines). <br />Because the Office of Surface Mining, Reclamation and Enforcement (OSM) determined that the <br />proposed action would not affect the bald eagle, Canada lynx, southwestern willow flycatcher, <br />Uinta basin hookless cactus, yellow-billed cuckoo, and Debeque phacelia, consultation and <br />concurrence are not necessary on these species. Regarding the endangered Colorado <br />pikeminnow (Ptychocheilus Lucius), razorback sucker (Xyrauchen texanus), humpback chub <br />(Gila cypha), and bonytail (Gila elegans), the Snowcap Coa] Company estimates the net annual <br />water depletion for the project is 22.1 acre-feet. <br />A Recovery Implementation Program for Endangered Fish Species in the Upper Colorado Rivcr <br />Basin was initiated on January 22, 1988. The Recovery Program was intended to be the <br />reasonable and prudent alternative for individual projects to avoid the likelihood of jeopardy to <br />the endangered fishes from depletions from the Upper Colorado River Basin. In order to further <br />define and clarify the process in the Recovery Program, a section 7 agreement was implemented <br />on October 15, 1993, by the Recovery Program participants. Incorporated into this agreement is <br />a Recovery Implementation Program Recovery Action Plan which identifies actions currently <br />believed to be required to recover the endangered fishes in the most expeditious manner. <br />• On December 20, 1999, the Service issued a final programmatic biological opinion for Bureau of <br />Reclamation's Operations and Depletions, Other Depletions, and Funding and Implementation of <br />FISH AND WILDLIFE SERVICE <br />Ecological Services <br />764 Horizon Drive, Building B <br />Grand Junction, Colorado 81506-3946 <br />All-I-1 <br />