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~` to adversely affect these federally listed, endangered fishes or their habitats. It is our understanding that the action proposed at this time involves no increase (rather, a slight decrease) 1n the estimated net annual water depletion to the Upper Colorado River Basin. Prior consultations for the depletions at the Bowie No. 2 Mine occurred in 1999, 2001, 2003, and 2004, as outlined in your letter. Therefore, 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 by the project- caused depletions. Regazding the bald eagle, the proposed, new refuse disposal site lies within winter foraging range for the species, and within a major concentration area mapped by the Colorado Division of Wildlife (CROW). CDOW has mapped a bald eagle roost site within a quarter mile of the proposed project azea, along the North Fork of the Gunnison River. Analysis in the BA indicates foraging for prey could occur in the project azea, which contains several old cottonwood trees that could provide hunting perches; however, due to abundant, additional foraging habitat in the river bottom away from the project area, along several miles of the North Fork of the Gunnison River, the BA determined that foraging in the project area would likely be infrequent. The BA also determined that a small potential exists for bald eagle collisions with the proposed overhead refuse conveyor or with power lines and poles at the mine. Based on this information, OSM wncluded that the project `gray affect" the bald eagle, but is `hot likely to adversely affect" the species. Based on the information provided in your analysis, the Service concurs with your "may affect, but not likely to adversely affect" determination for the bald eagle. 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, 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 fiuther assistance, please contact Larry Thompson at the letterhead address or (970) 243-2778, extension 39. LThompson:OS M BowieNo.2 M inePttmitC-96-083TR45CL. doc:041307 2