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Page 2 <br />required because the Recovery Program has made sufficient progress to be the reasonable and <br />prudent alternative to avoid the likelihood of jeopardy to the endangered fishes and to avoid <br />destruction or adverse modification of their critical habitat by depletions of 100 acre-feet or less. <br />Therefore, the depletion fee for this project is waived. <br />The determination in this document is based on the information provided by the Office of <br />Surface Mining. If new information becomes available, if a new species becomes listed, if <br />incidental take occurs, if the total average annual amount of water depleted by this project <br />changes, or if any other project element changes which alters the operation of the project from <br />that which is described in your correspondence and which may affect any endangered or <br />threatened species in a manner or to an extent not considered in this bio]ogical opinion (see 50 <br />CFR 402.16), formal section 7 consultation should be reinitiated. The Office of Surface Mining <br />should condition its approval documents to retain jurisdiction should section 7 consultation need <br />to be reinitiated. <br />Sincerely, <br />Allan R. Pfiste <br />Assistant Colorado Field Supervisor <br />cc: CDOW, Grand Junction <br />FWS/ES, Lakewood <br />CDMG, Denver (Attn: Joe Dudash) <br />BLeachman:OSMBowiePR6LV.wpd:102301 <br />