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¢d REPLY REFER TO <br />United States Department of the Interior <br />FISH AND WILDLIFE SERVICE <br />ENDANGERED SPECIES OFFICE <br />2078 .4D)tINISTRATION BLDG. <br />1735 WEST 1700301;TH ~' ~ ~~~ <br />5.4LT LAKE CITY. CTAH 44104 <br />November 15, 1985 <br />SElSLC: 6-5-86-F-004 <br />MEMORANDUM <br />T0: Chief, Engineering Analysis Division, Office of Surface :4lning <br />Denver, CO <br />FROM: Field Supervisor, Endangered Species Office, U.S. Fish and Wildlife <br />Service, Salt Lake City, UT <br />SUBJECT: Section 7 Consultation and Biological Opinion, Bear Coal Company, <br />Bear Mine <br />This is in response to your October 22, 1985 biological assessment regarding <br />Bear Coal Company's (BCC's) proposal to continue operating its underground <br />Bear Mine near Somerset, Gunnison County, Colorado. The Federal action <br />triggering consultation is the Office of Surface Mining's (OSM's) proposed <br />approval of the mine plan. We are providing this biological opinion as <br />prescribed by Section 7 of the Endangered Species Act (ESA), 16 U.S.C. 1531 et <br />seg., and the Interagency Cooperation Regulations, 50 CFR 402. <br />BIOLOGICAL OPINION <br />The issuance of a permit to allow expansion of the Bear Mine, with the <br />inclusion of conservation measures outlined below, is not likely to jeopardize <br />the continued existence of the Colorado squawfish (Ptychocheilus lucius), <br />humpback chub (Gila cypha), and bonytail chub (Gila ele ans). We concur with <br />your "no effect" finding for the bald eagle (Haliseetus leucocephalus). <br />PROJECT DESCRIPTION <br />OSM intends to approve a proposal by BCC to modify its operations of the Bear <br />Mine located immediately east of Somerset, Colorado. This is an existing <br />underground mine, and no additional surface disturbance will occur. The <br />proposed actions would involve mining an additional 264 acres without any new <br />surface disturbance. Mining is expected to continue fot 15 years. Based on <br />calculations by OSM, the proposed action will result in a net average annual <br />water depletion of 5.3 acre-feet from the North Fork of the Gunnison River due <br />to pumping from a shallow alluvial well. Conservation measures, outlined <br />later in this document, are necessary to offset the likelihood of jeopardy for <br />federally listed fishes which may be impacted by project-related water <br />depletions. <br />