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Criterion 9 Federally designated critical habitat for listed threatened or endangered plant and animal species, and habitat proposed to be designated as critical for listed threatened or endangered plant and animal species or species proposed for listing, and habitat for Federal threatened or endangered species which is determined by the Fish and Wildlife Service (Service) and the surface management agency to be of essential value and where the presence of threatened or endangered species has been scientifically documented, shall be considered unsuitable. Exceptions. A lease may be issued and mining operations approved if, after consultation with the Fish and Wildlife Service, the Service determines that the proposed activity is not likely to jeopardize the continued existence of the listed species and/or its critical habitat Analysis No lands within the review area are designated as critical habitat, proposed to be designated as critical habitat, or determined to be essential habitat for any Federally listed threatened or endangered plant or animal species, or species proposed for listing (Federal Register, 1990 and 19911. However, critical habitat for the Colorado squawfish, Razorback sucker, Humpback chub, and Bonytail chub does exist off-site in the Colorado River drainage which potentially could be affected by water depletion from this action (Federal Register/Vol. 59, No. 541. The Service has concluded that any water depletion in the Upper Colorado River Basin "may effect" these endangered fish species and their critical habitat. Through a Section 7 consultation with the BLM and USFS, the Service issued a Programmatic Biological Opinion (BOI, dated June 13, 1994, for Minor Water Depletions (less than 125 acre feet) in Colorado. The BO concluded that any new water depletion is likely to jeopardize the continued existence of these endangered fish species and result in the destruction or adverse modification of their critical habitat, and has developed reasonable and prudent alternatives to avoid the likely of jeopardy to these endangered fishes and to avoid destruction or adverse modification of their critical habitat. For new depletions of 125 acre feet or less the Service has determined that project depletion impacts can be offset by la1 the water project proponent's one-time contribution to the Recovery Program in the amount of S12.34 (FY 94 rate) per acre- foot of the project's average annual depletion, Ib1 appropriate legal protection of instream flows pursuant to State law, and Ic1 accomplishment of activities necessary to recover the endangered fishes as specified under the Recovery Implementation Program Plan. With respect to lal above, the BlM and/or USFS and their permittee are responsible fora one- time payment for each new depletion which has been calculated by multiplying the total average annual depletion for the project by the depletion charge in effect at the time payment is made. This amount will be adjusted annually for inflation on October 1 of each year. The BLM and/or USFS will require individual permittee to provide a payment directly to the Fish and Wildlife Foundation for the their depletion charge amount. The following list of Federally listed endangered, threatened, and candidate species are known to occur on the review area and/or in the region of potential effect of this action and were considered under this criterion: Bald eagle Ha/iaeetus /eucocepha/us END Bonytail chub Gi/a a%gans END Colorado squawfish Ptychochei/us /ucius END Humpback Chub Gi/a cypha END Peregrine Falcon Fa/co peregrinus END Razorback sucker Xyrauchen texanus END Appendix I, Page 5