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<br />~'~~ <br />IN REPLY REFER7D: --. <br />FWS/R6 <br />ES <br />GJ-6-C-99-F-034 <br />Memorandum <br />United States Department of the Interior <br />FISH AND WILDLIFE SERVICE <br />Mountain-Prairie Region <br />MAILING ADDRESS: <br />Post Office Box 25486 <br />Denver Federal Center <br />Denver, Colorado 8022~iQ486 <br />~~~~~t6 <br />S~' <br />STREET LOCATION: <br />134 Uhion Blvd. <br />Lakewood, Colorado 80228-1807 <br />us <br />eat ags~~~.~a <br />.. <br />RECEf~/ED <br />MAR 31200 aPR o~Z 2ooa <br />Givis+an of~Mlnrah and Gaolapy <br />To: Assistant Du•ector, Western Regional Coordvaating Center, Office of Surface <br />Mining, Reclamation and Enforcement, Denver, Colorado <br />Attention: Carl R. Johnston <br />Fror~~~ Regional Director, Region 6 Ivl``Jl <br />U.S. Fish and Wildlife Service ~" '' `'' ' `'1 <br />Denver, Colorado <br />Subject: Amendment to the Final Biological Opinion for Bowie.Number 2 Mine Permit <br />Revision Number 30, Delta County, Colorado <br />The U.S: Fish and Wildlife Service has reviewed the Office of Surface Mining, Reclamation and <br />Enforcement's Mazch 17 and 18, 2004, correspondences requesting formal consultation on the <br />Bowie Number 2 Mine Permit C-96-083-Technical Revision 30 water augmentation to. existing <br />project water depletions and the impacts.to the Colorado River fishes. The mine is located in <br />T. 13 S., R. 92 W., sections 2, 3, 4, 9, 10, 11, 14, 15, 16, and T. 12 S., R. 91 W., sections 33 and <br />34, Delta County, Colorado. The proposed action will cause an additional average annual <br />depletion of 0.8 acre-feet to the North Fork of the Gunnison River in the Upper Colorado River <br />Basin. This amount will increase the present depletion from 325.9 to 326.7. acre-feet. The <br />Service concurs the depletion to the North Fork of the Gunnison River is likely to jeopazdize the <br />continued existence of the Colorado pikeminnow (PtychocheiZus Lucius}, humpback chub <br />(Gila c0phd}, bonytaiT (Gila etegdnsl, and razorback sucker (Xyrauchen texanus) and result in <br />the destruction or adverse modification of their critical habitat.. <br />Backeround <br />The Service issued a second biological opinion-dated December 10, 1999, to OSM with a <br />concurrence of"likely to jeopazdize the continued existence" for the four endangered Colorado <br />River fish and said subject (please refer to biological opinion GJ-6-CO-99-F-034 for detailed <br />information). This memorandum serves as an amendment to that biological opinion. <br />Reasonable and Prudent Alternatives <br />A Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River <br />Basin was initiated on January 22, 1988. The Recovery Program was intended to be the <br />reasonable and prudent alternative to avoid jeopazdy to the endangered fishes by depletions from <br />the Upper Colorado River Basin. <br />In order to further define and clarify the process inthe Recovery Program, a section 7 agreement <br />was implemented on October 15, 1993, by the Recovery Program participants. Incorporated into <br />the agreement is a Recovery Implementation Program Recovery Action Plan (RIPRAP) <br />