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Page 2 With such a finding, the Service will expect the Office of Surface Mining to conclude "may affect" to these fish species, and request formal consultation with this office, as required by the Endangered Species Act. The calculation of the net depletion should consider the entire life of the project, and be reported as the average annual depletion in acre-feet. Furthermore, approximately 2,094 river miles of the Colorado River and its tributaries were proposed as critical habitat for the four federally listed fish. The critical habitat proposal was advertised in the Federal Register on January 29, 1993 (SOCFRI7, Vo1.58, No.18, p6578), with a final determination to be made following an established comment and review period. Segments of the Gunnison River are included in this designation. The Fish and Wildlife Service will consider any water depletion associated with the project as an adverse modification of the critical habitat. Such a conclusion would trigger formal conferencing (50CFR402.10) between the Office of Surface Mining and this office. Bald eagles are common winter visitors to Colorado. Statewide midwinter counts by the Colorado Division of Wildlife in 1992 documented 835 bald eagles at various rivers and reservoirs throughout the state. Bald eagles are commonly found near permanent water bodies such as streams, rivers, lakes, and reservoirs. As bald eagles are known to fly up to 18 miles (greater distances may be traveled) from night roosts to feeding areas, they are also frequently seen searching upland habitats for prey or carrion. Factors influencing their use of particular wintering areas include weather, quantity and concentration of food, availability of alternate locations, and human disturbance. The Northern States Bald Eagle Recovery Plan classifies essential bald eagle wintering habitat in Colorado as areas that meet one of the following criteria: 1) Locations used annually for two weeks or longer by adult or immature wintering eagles known (or strongly suspected) to be from nearby breeding areas. 2) Locations used annually by 15 or more eagles for two weeks or longer. 3) Locations used by bald eagles during periods of extremely harsh weather, when suitable feeding areas and night roost sites are limited in number (the minimum two week period of use does not apply to this criterion). Areas that are known to be used annually by bald eagles that do not exactly meet the above criteria may also be important. The Division of Minerals and Geology should evaluate all activities associated with the project to determine whether any of the above described habitats will be disturbed. Any impact to essential wintering habitats described above will be considered a negative impact to the bald eagle. The Service would therefore expect the Office of Surface Mining to conclude "may effect" to the bald eagle, and request formal consultation with this office. We encourage continued informal consultation with this office prior to conclusion of "may effect" to the bald eagle. There may be opportunities to incorporate project modifications to protect the bald eagle that would allow termination of the consultation process without the need to formally consult. We also suggest you contact Mr. Jerry Craig with the Colorado Division of Wildlife in Fort Collins (303-484-2836). Mr Craig may have more recent bald eagle inventory data for the project area.