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• iii iuiiiiiiiiii iii '' ,. ~ 999 s UMTED STATES DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE Doc Date:12l11l2001 FI'S 772-0131 IN RFPLY RIFFR 7b: FWE/CO:OSM MS 65412 GJ i AND wn.nL~e eNttANCta7nrr Wetmm Colorado Sub-0R~e 329 23~/i Rnd, Seim &113 Ocud lurcliam, CO SI3036199 FAX: (i07) 2136911 PHONa: (107) 247-2778 f ~~~ ~ ~Q~= ~ ~ S~~ C~~~~S ~F ~o-,ncu~e~v.ce~ October 21, 1991 To: Chief, Biological Sciences Branch, Office of Surface Mining, Denver, Colorado From: Acting Colorado State Supervisor, Fish and Wildlif S c F~~ Wildlife Enhancement, Grand Junction, Colorado ~p Subject: National King Coal, Inc., permit revision applicatio (C-81-035, PR-03) La 1 Plata County, Colorado The U.S. Fish and Wildlife Service (Service) has reviewed the subject notice and offers • the following comments. These comments have been prepared under the authority of, and in accordance with, the provisions of the Endangered Species Act (16 U.S.C. 1531 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. as amended; 16 U.S.C. 661 et. seq.). While the additional 193 acres proposed for subsurface mining will not immediately impact surface area, subsidence may change the topography of the coal mining site. There are no critical habitat designations itt the project azea. There aze two endangered fishes occurring in the San Juan basin, the Colorado squawfish (Pq~chocheilus lucius) and the proposed razorback sucker X auchen exanus). Conservation measures outlined in our March 20, 1990, Biological Opinion (#6-CO-89-F-15) consisted of a water depletion charge that has already been paid by the applicant. As long as no further depletion is expected, there need be no additional conservation measures taken at this time. There aze two animal species that the Service would like to bring to your attention which are candidates for official listing as threatened or endangered species F r R i r Vol. 54, No. 4, January 6, 1989; Vol. 55, No. 35, February, 21, 1990). While these species presently have no legal protection under the Endangered Species Act (Act), it is within the spirit of the Act to consider project impacts to potentially sensitive candidate species. Additionally, we wish to make you aware of the presence of Federal candidates should any be proposed or listed prior to the time that all Federal actions related to the • project are completed.