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iii iuiiiiiiiii~ iii <br />999 <br />United States Department of the Interior <br />FLSH AND WII.DLIFE SERVICE <br />Ecological service, <br />Western Colorado Olfice <br />764 Horizon Drive, South Annex A <br />Grand Junction, CO 81506-3946 <br />IN REPLY REFER TO: <br />ES/CO:Non-Federal Informal Consultation <br />MS 65412 GJ <br />February 22, 1994 <br />Murari P. Shrestha <br />Assistant Manager Of Engineering <br />Western Fuels-Utah Inc. <br />405 Urban Street, #305 <br />Lakewood, Colorado 80228 <br />Dear M. Shrestha: <br />RE.CEIVFC <br />FEB 241994 <br />1)~ i~~^h CS Pninei2~~ a bec,~uv <br />This responds to your letter of February 15, 1994, requesting information <br />on federally listed species in the vicinity of the Deserado Mine. The <br />following is a list of those species which may inhabit the area, or be <br />effected by the proposed project. <br />Be advised that the Fish and Wildlife Service (Service) can enter into <br />formal Section 7 consultation only with another Federal agency or its <br />designee. Thus, this is not to be considered an "official species list" <br />but rather informal consultation. Informal consultation includes all <br />contacts, discussions, correspondence, etc. between the Federal agency or <br />its designated non-Federal representative, and the Service, that take place <br />prior to the initiation of any necessary formal consultation. If requested, <br />we will submit an official list to the lead Federal agency. That agency <br />would be required under section 7 (a) (2) of the Act to initiate formal <br />consultation if it determines that its action may affect any listed species <br />or its critical habitat. Although applicants may fill the role of non- <br />Federai representatives, the ultimate responsibility for compliance with <br />section 7 remains with the Federal agency. <br />FEDERALLY LISTED SPECIES <br />Black-footed ferret <br />Peregrine falcon <br />Bald eagle <br />Bonytail chub <br />Humpback chub <br />Colorado squawfish <br />Razorback sucker <br />Mustela nigriaes <br />Falco Dereorinus <br />Haliaeetus leucoceohalus <br />Gila eleoans <br />Gila cvaha <br />Ptvchocheilus Lucius <br />Xvrauchen texanus <br />The endangered fish species listed above do not occur in the project area, <br />however, we consider the depletion of water from the upper Colorado River <br />an adverse impact to the habitat for these species. Consequently, any <br />activity authorized by the Federal permitting agency that results in a net <br />depletion of water from the upper Colorado River basin should trigger a <br />