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IN REPLY REFER TO United States Department of the Interior FISH .aND WILDLIFE SERVICE ENDAYGEAED SPECIES OFFICE 2078 AD)IIN iSTRATIDN BLDG. 1715 REST 1100 SO GTH S.~LT LAKE CITY, CTAH 44104 November 15, 1985 SE/SLC: 6-5-86-F-004 MEMORANDUM T0: Chief, Engineering Analysis Division, Office of Surface Mining Denver, CO FROM: Field Supervisor, Endangered Species Office, U.S. Fish and Wildlife Service, Salt Lake City, UT SUBJECT: Section 7 Consultation and Biological Opinion, Bear Coal Company, Bear Mine This is in response to your October 22, 1985 biological assessment regarding Bear Coal Company's (BCC's) proposal to continue operating its underground Bear Mine near Somerset, Gunnison County, Colorado. The Federal action triggering consultation is the Office of Surface Mining's (GSM's) proposed approval of the mine plan We are providing this biological opinion as prescribed by Section 7 of the Endangered Species Ace (ESA), 16 U.S.C. 1531 ec she ., and the Interagency Cooperation Regulations, 50 CFR 402. BIOLOGICAL OPINION The issuance of a permit to allow expansion of the Bear Mine, with the inclusion of conservation measures outlined below, is not likely to jeopardize the continued existence of the Colorado squawfish (Ptychocheilua lucius), humpback chub (Gila cypha), and bonytail chub (Gila elegans). We concur with your "no effect" finding far the bald eagle (Aaliaeetue leucocephalus). PROJECT DESCRIPTION OSM intends to approve a proposal by BCC to modify its operations of the Bear :line located immediately east of Somerset, Colorado. This is an existing underground mine, and no additional surface disturbance will occur. The proposed actions would involve mining an additional 264 acres without any new surface disturbance. Mining is expected to continue for 15 years. Based on calculations by OSM, the proposed action will result in a net average annual water depletion of 5.3 acre-feet from the north Fork of the Gunnison River due to pumping from a shallow alluvial well. Conservation measures, outlined later in this document, are necessary to offset the likelihood of jeopardy Eor federally listed fishes which may be impacted by project-related water depletions.