REV00749

• Permit No: C1982056
• IBM Index Class Name: Revision
• Doc Date: 5/10/2007
• Doc Name: Comments on the Biological Assessment
• From: Fish & Wildlife
• To: OSM
• Type & Sequence: TR59
• Media Type: D
• Archive: No

proposed action.would not affect the bald eagle, consultation and concurrence are not necessary
on this species.
Regarding the Colorado pikeminnow, humpback chub, razorback sucker, and bonytail, the
Service has determined that projects that fit under the umbrella of the Yampa River
Programmatic Biological Opinion (January 10, 2005) would avoid the likelihood of jeopardy
and/or adverse modification of critical habitat for water depletion impacts to the Yampa River
basin. As outlined in your letter, prior consultations between OSM and the Service regarding
Foidel Creek Mine water depletions occurred in 1986, 1993, 1995, and 1997; in 1997, the
Service, in biological opinion GJ-6-CO-97-F-014, concurred with OSM's "may affect"
determination for an added depletion of 134.89 acre-feet per year at the Foidel Creek Mine,
which increased the total average annual depletion at the site to 299.5 acre-feet. It is our
_ _ _ understanding that the action now proposed at the Foidel Creek Mine involves no increase in the_
estimated average annual water depletion to the Yampa River Basin over the life of the project;
as indicated in your letter, the average annual water depletion for the life of the proposed project
(285.6 acre-feet) is less than the previously consulted-upon 299.5 acre-feet. Therefore, no
further consultation regarding project-caused water depletions is necessary at this time for the
Colorado pikeminnow, humpback chub, razorback sucker, or bonytail; the existing Recovery
Implementation Program for Endangered Fish Species in the Upper Colorado River Basin will
continue to serve as the reasonable and prudent alternative to avoid jeopardy to the endangered
fishes. Lastly, no new or additional depletion fees are required to be paid.
The Service decisions in this document are based on the information provided by the OSM. If
new information becomes available, if a new species becomes listed, if incidental take occurs, if
the total average annual amount of water depleted by this project changes, or if any other project
element changes which alters the operation of the project from that which is described in your
correspondence and which may affect any endangered or threatened species in a manner or to an
extent not considered in this biological opinion, formal section 7 consultation should be
reinitiated. The OSM should condition its approval documents to retain jurisdiction should
section 7 consultation need to be reinitiated.
If the Service can be of further assistance, please contact Larry Thompson at the letterhead
address or [phone], extension 39.
LThompson:OSM-CDRMS-TwentymileCoalCo'sFoidelCreekM ineTR-59CommentLtr.doc:042707