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December' 'I. 7f~03 .4i;perarlix .4 Page A-5 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, various dates). However, critical habitat for the Colorado-pikeminnow, razorback sucker, humpback chub, and bonytail chub does exist off-site in the lower Gunnison River, and in the Colorado River. This critical habitat could be affected by water depletion from this action (Federal Register/Vol. 59, No. 54). On May 24, 2002, the Paonia Ranger District of the US Forest Service received a letter from the U.S. Fish and Wildlife Service (Pfister 2002), concurring that the water being used for the Mountain Coal Company operations was non-tributary water and there would be no depletion of surface waters or effect on Colorado River endangered fishes. At the post- leasing stage, prior to the approval of the mine plan, if it is determined that development of the lease would result in a change in water use, such that the mine would be using tributary waters, resulting in a surface water depletion in the upper Colorado River Basin, the permitting agency must enter into consultation with the U.S. Fish and Wildlife Service to determine the appropriate conservation measures to offset the effect to these listed fishes. Bald eagles winter in the area, and the northern edge of the lease tract on BLM (approximately 10 acres) and private land (approximately 52 acres) is classified as a winter concentration area by the Colorado Division of W ildlife (CDOW ). The remainder of the tract may be used for incidental foraging, but there are no other essential habitats, such as nests or communal roosts located on or near the proposed lease tract (BLM 1980, CDOW 2001). .. _. _ . . Proposed.VVest Flatiron:Coal Lease, Bald Eagle Concenfration Area 18 14 18 .~ Bald EaglefConcentratio.n At-e D Private Surtace/Federal:Coal Q BLM Lease. Parcel . ., ,_ ~ ;. ~ D Forest Service Lease Parcel BLM'Lands Forest Service Lands ~' 24 Private Lands. E.nvirormen[al Assessment ~l~lest Flatircr. LBA Trsct Gunnison County, Co(arzdo