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<br />Ci <br /> <br />a ^:~-i United States Department of the Interior <br />-° FISH AND WILDLIFE SERVICE <br />+~,. , ,Mr ,NAfLlNC ADDRESS: STREE7 LOCA770N: <br />r Porl O/lire Ros 73111 171 Union Bluff <br />IN REPLY REFER TO: ~ Drnorr Frdrrol Cenrcr LaAeuoad, Cob.odo M771 <br />Ornun, Cobnado 10773 <br />FA/SE/ OSM-Red <br />Canyon Hine (6-5-84-0024) <br />''APR 2 6 1985 <br />MEMORANDUM <br />To: Chief, Technical Support Branch <br />Office of Surface t1ining, Denver, CO <br />From Regional Director, Region 6 <br />U.S. Fish and Wildlife Service, Denver, CO <br />OSM-WTC <br />1395 MAY - I fUl 8 15 <br />WESTERN TECI:IiICP.L CENTER <br />Subject: Section 7 Consultation, Red Canyon Mine (Federal Permit CO-0071) <br />This responds to Dale Fenwick of Grand Mesa Coal Company's (GMCC) March 18, <br />1985, letter to the Colorado Mined Land Reclamation Division of the Department <br />of Natural Resources concerning the subject consultation. Since you are the <br />Federal agency responsible for this Section 7 consultation, we are writing to <br />you with copies to Gh1CC and the Department of Natural Resources. <br />Mr. Fenwick of GI.1CC stated that they did not believe that Special Condition <br />No. 1 of the subject permit was appropriate. Their reasoning was that they <br />believe the water rights they control are not part of the 1.675 million acre- <br />feet per year (maf) and therefore GMCC 's consumptive use of existing water <br />rights does not deplete the flow "available for development" in the Upper <br />Colorado River. <br />GMCC appears to misunderstand the use of the phrase "amount of water available <br />for development." The 1.675 maf is a means of determining how companies <br />offset impacts to the fishes' habitat as a result of flow depletions. The <br />impact is the important issue. Any water depletions, old or new, small or <br />large, ca'.~se and add to the problem. Therefore, all projects that deplete <br />water need to help offset these impacts resulting from the depletions. <br />Attached is a copy of the type of letter of commitment that we need from the <br />applicant before we can use the funds that they contributed for the <br />conservation measures and before we can complete the Section 1 process. Thank <br />you for your help and concern for endanyered species. <br />P fi~~//3.~a <br />Attachment <br /> <br /> <br />