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r _. (: _ , IN PEPLY REFEP TQ ES-6-RO-94-F-006(A)-GJ-16 MS 65412 GJ FISH AND WILDLIFE SERVICE Ecological Services Wes¢rn Colorado OfF¢e 764 Horizon Drive, $a u[h Annex A Grand Junction, Colorado 8150(394G November 29, 1994 Barbara L. Pavlik Environmental Protection Specialist Division of Minerals and Geology 1313 Sherman Street Denver, Colorado 80203 Dear Ms. Pavlik: RECEIVED DEC 0 2 1994 Division of Minerals & Geology In accordance with section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and the Interagency Cooperation Regulations (50 CFR 402), the Fish and Wildlife Service (Service) reviewed your November 17, 1994, correspondence regarding the potential impacts associated with the Eastside Mine Project on endangered Colorado River fishes. The permit site is located in T. 5 S., R. 92 W., section 24, about 4 miles north of Silt, in Garfield County, Colorado. The proposed action will cause an average annual depletion of 10 acre-feet to the Colorado River in the Upper Colorado River Basin. A Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin (Recovery Program) was initiated on January 22, 1988. The Recovery Program was intended to be the reasonable and prudent alternative to avoid jeopardy to the endangered fishes by depletions from the Upper Colorado River Basin. In order to further define and clarify the process in the Recovery Program, a section 7 agreement was implemented on October 15, 1993, by the Recovery Program participants. Incorporated into this agreement is a Recovery Implementation Program Recovery Action Plan (Plan) which identifies actions currently believed to be required to recover the endangered fishes in the mast expeditious manner. Included in the Recovery Program was the requirement that a depletion fee would be paid to help support the Recovery Program. On July 5, 1994, the Service issued an intro-Service biological opinion determining that the depletion fee for depletions of 100 acre-feet or less are no longer required because the Recovery Program has made sufficient progress to be the reasonable and prudent alternative to avoid the likelihood of jeopardy to the endangered fishes and to avoid destruction or adverse modification of their critical habitat by depletions of 100 acre-feet or less. Therefore, the depletion fee for this project is waived. III IIIIII 111IIII III United States Department of the Interior 999 The Colorado Division of Minerals and Geology should condition their permit to retain jurisdiction in the event that the Recovery Program is unable to