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United States Department of the Interior <br />• <br />IN REPLI' REFER TO <br />Mountain-Prairie Region <br />MAILING ADDRESS: STREET LOCATION: <br />Post Office Box 25486 <br />E$/GJ-6-CO-94-F-019 Denver Federal Center <br />Mai 1 Stop 60120 Denver, Colorado 80225 <br />134 Union Blvd. <br />Lakewood, Colorado 80228 <br />MAY 311994 <br />Memorandum <br />To: Assistant Director, Western Support Center, Office of Surface Mining <br />Reclamation and Enforcement, Denver, Colorado <br />Attention: Mr. Gregory Reed <br />,~;rv. <br />From:~~~>>~'~2egional Director, Region 6 <br />U.S. Fish and Wildlife Service <br />Denver, Colorado <br />Subject: Final Biological Opinion for Bear Coal Company, Bear Mine No. 3 <br />In accordance with section 7 of the Endangered Species Act of 1973, as <br />amended (16 U.S.C. 1531 et seq.), and the Interagency Cooperation Regulations <br />• (50 CFR 402), this transmits the Fish and Wildlife Service's (Service) final <br />biological opinion for impacts to federally listed endangered species for Bear <br />Coal Company's Bear Mine No. 3. This opinion is provided to you as the lead <br />Federal Agency regarding section 7 consultation on this project. Copies of <br />this opinion should be provided to the applicant because the Service has <br />incorporated reasonable and prudent alternatives that should be included as <br />conditions of any permits issued by the Office of Surface Mining for this <br />project. <br />Reference is made to your March 29, 1994, correspondence requesting initiation <br />of formal consultation for the subject project. The Service concurs that the <br />annual depletion of water from the Colorado River Basin "may affect" the <br />endangered Colorado squawfish (Ptvchocheilus Lucius), humpback chub (Gila <br />cvoha), bonytail (Gila eleaans), and razorback sucker (Xvrauchen texanus) and <br />"may affect" their critical habitat. <br />BIOLOGICAL OPINION <br />Based upon the best scientific and commercial information that is currently <br />available, it is the Service's biological opinion that the proposed project, <br />as described below, is likely to jeopardize the continued existence of the <br />Colorado squawfish, humpback chub, bonytail, and razorback sucker and result <br />in the destruction or adverse modification of their critical habitat. The <br />Service has developed reasonable and prudent alternatives to avoid the <br />likelihood of jeopardy to the endangered fishes and to avoid destruction or <br />• adverse modification of their critical habitat. <br />FISH AND WILDLIFE SERVICE <br />