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Appendbcl <br />Section 7 Consultation <br />On June 22, 1999, the USFWS issued the Final Biological Opinion for the Yankee Gulch <br />Project. (A copy is included in this Appendix). The Biological Opinion concluded the following <br />determinations: <br />• "No effect" for the southwestern willow flycatcher, Mexican spotted owl, black-footed ferret, <br />and whooping crane. <br />• "May affect, not likely to adversely affect" for the peregrine falcon, bald eagle, Piceance (or <br />Dudley Bluffs) twinpod, Dudley Bluffs bladderpod, and Uinta Basin hookless cactus. <br />• "May affect" for the Colorado pikeminnow (formerly squawfish), humpback chub, bonytail, <br />and razorback sucker. Additionally, the project "may affect" these fishes critical habitats. <br />The USFWS BO concurs with the BLM that the project would have a "may affect" on razorback <br />suckers and Colorado pikeminnow and that incidental take is likely to occur. The USFWS has <br />determined that the level of incidental take associated with the project is not likely to jeopardize <br />the continued existence of these species nor adversely modify or destroy critical habitat. The <br />USFWS has identified a reasonable and prudent measure to minimize take of these fish species: <br />• Upon test use or actual use of the intake structure from the Colorado River, American Soda <br />will sample for fish entering the pipeline and settling pond. <br />The following aze terms and conditions of the reasonable and prudent measures: <br />• Upon any indication from sampling that take is occurring, American Soda will design an <br />entrainment preclusion devise and pay for installation and maintenance of the preclusion <br />device. <br />The reasonable and prudent measure, with its terms and conditions, is designed to minimize <br />incidental take associated with the project. <br /> <br />L-3 <br />