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As a part of the permit renewal process CO-DMRS required BTU Empire Corporation to revise <br />and verify their water depletion estimate for the Eagle 5 & 9 mine. In response to CO-DMRS's <br />request, BTU Empire Corporation estimated that its current water depletion for the mine is 0.775 <br />ac/ft per year resulting from evaporative losses at water treatment facilities and wells. BTU <br />Empire Corporation also estimated that the pumping of the mine works to maintain a stable mine <br />pool results in a 1,097 ac/ft augmentation to the Williams Fork River. <br />The USF&WS has previously determined that water depletions in the Upper Colorado River <br />System are a major source of impact to the endangered fish species. Continued water <br />withdrawals have restricted the ability of the Colorado River system to produce the flow <br />conditions required by the various life stages of these fish. <br />OSM has determined that the effect of RN-04 will result in a 1,096.23 ac/ft augmentation to the <br />Colorado River Basin, while the Eagle 5 & 9 mine is in temporary cessation that will have "no <br />effect" on the continued existence of the Colorado pikeminnow, humpback chub, boneytail, and <br />razorback sucker. BTU Empire Corporation will however need to revise its water depletion <br />estimate and consultation must be reinitiated before the Eagle 5 & 9 mine can return to an active <br />status. <br />Determinations of Effect <br />Based on the above information, OSM has determined that RN-04 at BTU Empire Corporation <br />Eagle 5 & 9 mine "may affect but are not likely to adversely affect" the bald eagle, or result in <br />the destruction or adverse modification of their critical habitats. <br />Based on the above information, OSM has determined that RN-04 at BTU Empire Corporation's <br />Eagle 5 & 9 mine will have no effect on Canada lynx, Mexican spotted owl, Black-footed ferret, <br />Colorado pikeminnow, humpback chub, boneytail, and razorback sucker. <br />It is also OSM's determination that RN-04 is not likely to jeopardize the Yellow-billed cuckoo. <br />OSM understands that, should these species be listed in the future, the Regulatory Authority <br />would need to reinitiate consultation with your office. <br />If you have any questions regarding this formal consultation, please give me a call at (303) 844- <br />1400, extension 1500. <br />Sincerely, <br />C~-l~~ <br />Car] R. Joh ton <br />Natural Resource Specialist <br />cc: CO-DMRS <br />