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<br />Page 2 <br />prudent alternative to avoid the.likelihood of jeopardy to the endangered fishes and to avoid <br />destntction or adverse modification of their critical habitat by depletions of 100 sere-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, Reclamation, and Enforcement. If new information becomes available, if a new <br />species becomes listed, if incidental take occurs, if the total, average annual amount of water <br />depleted by this project changes, or if any other project clement changes which alters the <br />operation of the project fmm that which is described in your correspondence and which may <br />affect any endangered or threatened species in a manner or to an extent not considered in this <br />biological opinion (see 50 CkR 402.16), formal section 7 consultation should be reinitiated. The <br />Office of Surface lrrrring, Reclattration, and Enforcement should condition its approval <br />documents to retain jurisdiction should section 7 consultation need to be reinitiated. <br />l <br />cc: CDMG, Grand Junction (Attn: Dan Mathews) <br />CDMG, Denver <br />CDOW, Grand Junction <br />]?WS/ES, Lakewood <br />ru~m:r.o~~M~ao..~aa.~a iosox <br />Appendix P <br />