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iT1VITED STATES DEPARTMENT OF THE IN'PERIOR 1>fl~ ~~ _ <br />FISH AND WILDLIFE SERVICE ~~~ <br />FISH AND WILDLIFE ENHANCEMENT ~ ' <br />Colorado State OfTim~ o <br />730 Simms Street, Suite 290 ~ n <br />Golden, CO 80401 <br />FTS 354-5280 FAX (303) 231.5285 <br />Phoae; (303) 231-5280 <br />IN REPLY REFER TO: <br />FW5/GJ-6-CO-92-F-003 MAY 2 2 1992 <br />Memorandum <br />To: Chief, Reclamation Sciences Section, Reclamation and Enforcement, <br />Office of Surface Mining, Denver, Colorado <br />From: Colorado State Supervisor, Fish and Wildlife Enhancement, Colorado <br />State Office, Golden, Colorado <br />Subject: Final Biological Opinion, Expanded Mining Operation, Colowyo Mine, <br />Moffat County, Colorado <br />In accordance with Section 7 of the Endangered Species Act of 1973, as amended <br />(16 U.S.C. 1531 et seg.) and the Interagency Cooperation regulations (50 CFR <br />402), this transmits the Fish and Wildlife Service's (Service) Biological <br />Opinion for impacts to federally listed endangered species. This opinion is <br />provided to you as the lead Federal agency regarding Section 7 consultation on <br />this project. Copies of this opinion are being provided to the above <br />referenced applicant since the Service has incorporated Conservation Measures <br />that should be included as conditions of any permits issued by the Office of <br />Surface Mining (OSM) for this project. <br />Reference is made to your letter of January 14, 1992, requesting initiation of <br />formal consultation for the subject project. The Service concurs that the <br />annual depletion of water from the Colorado River "may affect" the endangered <br />Colorado squawfish (Ptvchacheilus Lucius), humpback chub (Gila cvnha), <br />bonytail chub (Gila ele ans), and razorback sucker (Xvrauchen texanus). <br />BIOLOGICAL OPINION <br />Based upon the best scientific and commercial information that is currently <br />available, it is the Service's Biological Opinion that the proposed project, <br />as described below, is not likely to jeopardize the continued existence of the <br />Colorado squawfish, humpback chub, bonytail chub or razorback sucker provided <br />that the Conservation Measures described in this document are implemented. In <br />a letter dated March 18, 1992, the Colowyo Coal Company agreed to implement <br />the Conservation Measures that we believe are necessary to offset the <br />