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sites. You determined that bald eagles may forage in the project area, and could potentially be <br />adversely affected by vehicular collisions or contact with power lines and poles at or near the <br />site. Based on the information provided in your analysis, the Service concurs with your "may <br />affect, but not likely to adversely affect" determination for the bald eagle. <br />Regarding the Canada lynx, your analysis indicates that no lynx occupancy in the project area is <br />known and no suitable habitat for this species exists in the area. You found that lynx could <br />travel through the project area, and determined that the project is "not likely to adversely affect" <br />the species. Based on the information provided in your analysis, the Service concurs with your <br />"may affect, but not likely to adversely affect" determination for the Canada lynx. <br />Regarding the endangered Colorado pikeminnow, razorback sucker, humpback chub, and <br />bonytail, the Colowyo Coal Company, L.P. estimates the current operations at the project result <br />in a depletion of 527.48 acre-feet per year to the Yampa River, and that Permit Revision 02 will <br />-result in an additional annual depletion of 27.0 acre-feet due to the construction of 4 new <br />sediment ponds - for a total net annual water depletion of 554.48 acre-feet. This depletion to the <br />Yampa River may affect the 4 endangered Colorado River fishes and their designated critical <br />habitat. Therefore, you were correct to request formal consultation under section 7 of the <br />Endangered Species Act of 1973, regarding the potential effects of the project. <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 jeopardy to the endangered fishes from impacts of <br />water depletions to the Upper Colorado River Basin. In order to further define and clarify the <br />process in the Recovery Program, a section 7 agreement was implemented on October 15, 1993, <br />by the Recovery Program participants. Incorporated into this agreement is a Recovery <br />Implementation Program Recovery Action Plan (RIPRAP) which identifies actions currently <br />believed to be required to recover the endangered fishes in the most expeditious manner. <br />On January 10, 2005, the Service issued the final programmatic biological opinion on the <br />Management Plan for Endangered Fishes in the Yampa Rimer Basin (this document is available <br />for viewing at the following intemet address: http://www.r6.fws.gov/cmp/yampaPBO.htm). The <br />Service has determined that projects that fit under the umbrella of the Yampa River <br />Programmatic Biological Opinion (PBO) would avoid the likelihood of jeopardy and/or adverse <br />- modification of critical habitat for depletion impacts to the Yampa River basin: The Service has <br />determined that if the subject project meets the following criteria, then it fits under the umbrella <br />of the Yampa River PBO. <br />1. The project depletes water from the Yampa River basin. <br />2. The Colowyo Coal Company, L.P. (applicant) signs the attached Recovery Agreement and <br />returns it to the Service. <br />3. The subject project will deplete 554.48 acre-feet of water. In order to rely on the Recovery <br />Program to offset the subject depletions, the project sponsors aze to make aone-time monetary <br />contribution for water depletions greater than 100 acre-feet to help fund their share of the costs <br />of recovery actions. It is the understanding of the Service that the applicant made a payment of <br />$1270 in 1988 for a depletion of 127.43 acre-feet/year, and a payment of $29.90 in 1992 due to <br />2 <br />