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United States Department of the Interior
<br />FISH AND WILDLIFE SERVICE
<br />Ecological Services
<br />764 Horizon Drive, Building B
<br />Grand Junction, Colorado 81506-3946
<br />IN REPLY REFER TO:
<br />ES/GJ-6-CO-04-F-012-YPO l 6
<br />TAILS 65413-2006-F-0178
<br />Memorandum
<br />4/ ~~L-~~ ~m®~
<br />November 6, 2006 ¢Vy .55~ ~~"` ,
<br />To: Natural Resources Specialist, Office of Surface Mining, Reclamation and
<br />Enforcement, Denver, Colorado
<br />From: Western Colorado Supervisor, Fish and Wildlife Service, Ecological Services, Grand
<br />Junction, Colorado /y ~ A ~( ~~1~
<br />Subject: Biological Opinion for Colowyo Coal ompany, L.P., Colowyo Mine Permit C-81-
<br />019, Revision 02
<br />This is in response to your letter dated August 28, 2006, concerning Revision 02, to Permit C-81-
<br />• 019, proposed by Colowyo Coal Company, L.P., for the Colowyo surface coal mine in Moffat
<br />and Rio Blanco counties, Colorado. The mine is approximately 28 miles south of the town of
<br />Craig, Colorado on State, private, and lands managed by the Bureau of Land Management. This
<br />U.S. Fish and Wildlife Service (Service) response is in accordance with section 7 of the
<br />Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and the Interagency
<br />Cooperation Regulations (50 CFR 402).
<br />Your letter includes effects determinations for t}te bald eagle, black-footed ferret, Mexican
<br />spotted owl, Canada ]ynx, Dudley Bluffs bladderpod, Dudley Bluffs twinpod, yellow-billed
<br />cuckoo, Graham beardtongue, White River beardtongue, and the 4 endangered Colorado River
<br />fishes: Colorado pikeminnow, humpback chub, razorback sucker, and bonytail.
<br />Your analysis arrives at "no effect" determinations for the black-footed ferret, Mexican spotted
<br />owl, Dudley Bluffs bladderpod, Dudley Bluffs twinpod, yellow-billed cuckoo, Graham
<br />beardtongue, and White River beardtongue. Your "no effect" determinations were based on
<br />effects analyses indicating no suitable habitat for these species within the project area. Because
<br />the Office of Surface Mining, Reclamation and Enforcement (OSM) determined that the
<br />proposed action would not affect the black-footed ferret, Mexican spotted owl, Dudley Bluffs
<br />bladderl~od, Dudley Bluffs twinpod, yellow-billed cuckoo, Graham's beardtongue. and White
<br />River beardtongue, consultation and concurrence are not necessary on these species.
<br />Your analysis arrives at a "may affect, but not likely to adversely affect" determination for the
<br />• bald eagle and yellow-billed cuckoo. Bald eagles are known to nest in the Yampa River and
<br />White River Valleys, and to winter in the Yantpa River Valley north of the project area.
<br />However, your analysis indicates that on-site surveys revealed no suitable roosting habitat or nest
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