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<br />CrlteTlOn 9 <br />Federally designated critical habitat for listed threatened or end"angered plant and animal species, <br />and habitat proposed to be designated as critical for listed threatened or endangered plant and <br />animal species or species proposed for listing, and habitat for Federal threatened or endangered <br />species which is determined by the Fish and Wildlife Service (Service) and the surface <br />management agency to be of essential value and where the presence of threatened or <br />endangered species has been scientifically documented, shall be considered unsuitable. <br />Exceotions. A lease may be issued and mining operations approved if, aher consultation <br />with the Fish and Wildlife Service, the Service determines that the proposed activity is <br />not likely to jeopardize the continued existence of the listed species and/or its critical <br />habitat <br />Analysis <br />No lands within the review area are designated as critical habitat, proposed to be designated as <br />critical habitat, ar determined to be essential habitat for any Federally listed threatened or <br />endangered plant or animal species, or species proposed for listing (Federal Register, various <br />dates/. However, critical habitat for the Colorado squawfish, Razorback sucker, Humpback <br />chub, and Bonytail chub does exist off-site in the Colorado River drainage which potentially <br />could be affected by water depletion from this action {Federal RegisterNol. 59, No. 54). The <br />Service has concluded that any water depletion in the Upper Colorado River Basin 'may effect" <br />these endangered fish species and their critical habitat. <br />Through Section 7 consultation with the 8LM and USFS the Service, in a Programmatic <br />Biological Opinion 1801, dated June 13, 7 994, for Minor Water Depletions (less than 125 acre <br />feet) in Colorado concluded that an•1 new water depletion is likely to jeopardize the continued <br />existence of these endangered fish species and result in the destruction or adverse modification . <br />of their critical habitat, and has developed reasonable and prudent alternatives to avoid the likely <br />of jeopardy to these endangered fishes and to avoid destruction or adverse modification of their <br />critical habitat. For new depletion of 125 acre feet or less the Service has determined that <br />project depletion impacts can be offset by lal the water project proponent's one-time <br />contribution to the Recovery Program in the amount of 512.34 IFY 94 rate) per acre-foot of the <br />project's average annual depletion, lbl appropriate legal protection of instream flows pursuant to <br />State law, and (cl accomplishment of activities necessary to recover the endangered fishes as <br />specified under the Recovery Implementation Program Plan. <br />With respect to lal above, the 8LM and/or USFS and their permittee are responsible fora one- <br />time payment for each new depletion which has been calculated by multiplying the total average <br />annual depletion for the project by the depletion charge in effect at the time payment is made. <br />This amount will be adjusted annually for inflation on October 1 of each year. The BLM and/or <br />USFS will require individual permittee to provide a payment directly to the Fish and Wildlife <br />Foundation for the their depletion charge amount. <br />The following list of Federally listed endangered, threatened, and candidate species are known <br />to occur on the review area and/or in the region of potential effect of this action and were <br />considered under this criterion: <br />Bald eagle Na/iaeetus /eucocepha/us END <br />Bonytail chub Gila elegans END <br />Colorado Squawfish PiYchochei/us lucius END <br />Humpback Chub Gila cypha END <br />Peregrine Falcon Falco peregrinus END <br />Razorback sucker Xyraucnen texanus ENO <br />.lppend ix ?, Page 5 <br />