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Page 2 None of the above federally listed fish species occur within the project area. However, the Fish and Wildlife Service believes that major causes for the decline of the Colorado squawfish, humpback chub, bonytail chub, and razorback sucker, include the effect of impoundments and associated water depletion from the Colorado River and its tributaries. Consequently, the water use for all activities associated with the project should be identified, and evaluated to determine whether such a depletion will occur. Any individual or combination of water uses associated with the addition of 205 acres to the underground mine operations causing a net depletion of water from the Upper Colorado River Basin will be considered by the Service a negative impact to the federally listed fish. With such a finding, the Service will expect the Office of Surface Mining to conclude "may affect" to these fish species, and request formal consultation with this office, as required by the Endangered Species Act. Your calculation of the net depletion should consider the entire life of the project, and be reported as the average annual depletion in acre-feet. Furthermore, approximately 2,094 river miles of the Colorado River and its tributaries were proposed as critical habitat for the four federally listed fish. The critical habitat proposal was advertised in the Federal Register on January 29, 1993 (50CFR17, Vo1.58, No.18, p6578), with a final determination to be made following an established comment and review period. The Fish and Wildlife Service will consider any water depletion associated with the project as an adverse modification of the critical habitat. Such a conclusion would trigger formal conferencing (50CFR402.10) between the Office of Surface Mining and this office. Section 7(c) of the Endangered Species Act, as amended, requires that the Federal agency proposing a major Federal action significantly affecting the quality of the human environment conduct and submit to the Service a biological assessment to determine effects of the proposal on listed species. The biological assessment shall be completed within 180 days after the date on which initiated or a time mutually agreed upon between the agency and the Service. The assessment must be completed before physical project modification/alteration begins. If the biological assessment is not begun within 90 days, the species list above should be verified prior to initiation of the assessment. The Office of Surface Mining should evaluate the potential impacts of the proposed mine revision and determine if the individual or cumulative actions may affect any listed species. If a determination is "may affect" for any of the listed species, the Office of Surface Mining must request in writing formal consultation from this office and should provide this office with a biological assessment, and any other relevant information used in making impact determinations.