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YTNITED STATES DEPARTMENT OF THE INTERIOR ~~r _ ~ <br />FISH AND WILDLIFE SERVICE ~~Cm <br />FISH AND WILDLIFE ENHANCEMENT ~~~ <br />Colorado State Office ~~i , <br />730 Simms Street, Suite 290 ~ ~~ <br />Golden, CO 80301 <br />FTS 554.5280 FAX (303) 231-5285 <br />Phone; (303) 231-5280 <br />1N REPLY REFER TO: <br />FWS/GJ-6-CO-92-F-003 MAY 2 2 1992 <br />Memorandum <br />To: Chief, Reclamation Sciences Section, Reclamation and Enforcemerct, <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 consu7tatior~ 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) far 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 (Ptvchocheilus Lucius), humpback chub (Gila c ha), <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 />