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\, ~ S ~ M RFPLY iEFFR TO: FWS/OSM/GJ-6 CO-93-F-040 999 United States Department of the Interior FISH AND WILDLIFE SERVICE Mounuin-Prairie Region MAflJNG ADDRESS: STRFE/' LOGT(ON: Porl Off~n Box 25986 (39 Union Blvd. Ornvn Foinal Cen(er Lakeruood, Colorado 80228 Ornvin, Colorado 80223 ~F(:F:, -• /(~/~ ~-: ~,- Gov 16 1993 ~ ~C;~: ~~ 1 ~ ~ ~ r, ~,~.c,bnV 7tCt.~ Memorandum To Acting Chief Biological Sciences Branch, Office of Surface Mining Reclamation and Enforcement, Denver, Colorado From: g.Y''~ Regional Director, Region 6 U.S. Fish and Wildlife Service Denver, Colorado Subject: Draft Biological Opinion for Mountain Coal Company's West Elk Mine, Gunnison County, Colorado In accordance with Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et sec.), and the Interagency Cooperation Regulations (50 CFR 402), this transmits the Fish and Wildlife Service's (Service) draft biological opinion for impacts to federally listed endangered species. This opinion is provided to you as the lead Federal Agency regarding Section 7 consultation on this project. Copies of this opinion should be provided to the applicant because the Service has incorporated reasonable and prudent alternatives that should be included as conditions of any permits issued by the Office of Surface Mining Reclamation and Enforcement (Office) through the Colorado Division of Minerals and Geology for this project. Reference is made to Colorado Division of Minerals and Geology's September 16, 1993, letter requesting initiation of formal consultation for the subject project (Appendix A). In order to be in compliance with 50 CFR 402.14, a Federal Agency must determine if its actions "may affect" listed species or critical habitat and, if so, must initiate formal consultation with the Service. Formal consultation cannot be delegated to non-Federal representatives. In the case of this project, the Office is issuing a permit to Mountain Coal Lompany to operate an underground mine. Because the issuance of this permit will cause a water depletion from the Upper Colorado River Basin (Upper Basin) which causes a "may affect" to Colorado River endangered fishes, the Office should initiate formal consultation with the Service. Although this requirement has not been met by the Office, the Service will, in this case, recognize the request for formal consultation from the Colorado Division of Mineral s. and Geology and develop the biological opinion. The Service cdneurs that the airni(al depletion bf water from the Colorado River Basin "may affect" the endangered Colorado squawfish (PtVchocheilus Lucius), humpback chub (Gila cvpha), bonytail chub (Gila eleoans), and razorback sucker (Xvrauchen texanus). Further, the Service has determined that the water depletion will result in the destruction or adverse modification of proposed. critical habitat and has included a conference opinion to address this issue.