2006-07-17_GENERAL DOCUMENTS - C1980007

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Regarding Federal candidates for official listing as threatened or endangered, the Service notes • that these species presently have no IegaI protection under the Endangered Species Act, buc it.is within the spirit of the Act to consider project impacts to these potentially sensitive species. We appreciate the considerafion you have given to. their protection. Tt is our understanding that the action proposed at this time involves no increase in coal production, and no additional surface disturbance or facilities. On this basis, the Service concurs with your determinations of "no effect" for the black-footed ferret, boreal toad, clay-loving wild buckwheat, Gunnison sage-grouse Uinta Basin hookless cactus, yellow-billed cuckoo, Uncompahgre fritillary butterfly, Mexican spotted owl, and southwestern willow flycatcher. Your "no effect" determinations were based on effects analyses indicafing no suitable habitat for these species within the project area. The Service also concurs with your determinations of "may affect, buf not likely to adversely affect" for the bald eagle and Canada lynx because no additional surface disturbance or facilities are to occur under the proposed action. The project will increase the estimated net annual water depletion to the North Fork of the Gunnison River from 76.4 to 84.2 acre-feet; an addition of 7.8 acre-feet. The Service's view is that any water depletions from the Upper Colorado River Basin (which includes the North Fork of the Gunnison River) are considered to jeopardize the continued existence or adversely modify the critical habitat ofthe 4federally-listed, endangered Colorado River fishes: Colorado pikeminnow, humpback chub, razorback sucker, and bonytail. Therefore, you were correct to request formal section 7 consultation regarding the potential effects of the project. Upper Colorado River Basin deplefibirs such'as the orie proposed-here are addressed by existing • inter-agency section 7 agreements. On January 22, 1988, the Department of the Interior, the states of Wyoming, Colorado, and Utah, and others established the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin (R1P). In accordance with the RIP, the Service assesses the impacts of water depletion projects that require section 7 consultation, and determines how the RIP will serve as the reasonable and prudent alternative to avoid jeopardy to the endangered fishes by depletions from the Upper Colorado River Basin. For new depletions Iess than 100 acre-feet, and considering basin-wide cumulative depletions, the RIP recovery activities are considered to offset the impacts ofthe depletion. Also, since the proposed new depletion is less than 100 acre-feet, fhe depletion fee for this project is waived. This is in accordance with an infra-Service biological opinion on July 8, 1997, determining that the fees for depletions of 100 acre-feet or less are no longer required because RIP recovery activities has made sufficient progress to be the reasonable and prudent alternative to avoid the likelihood ofjeopazdy to the endangered fishes, and to avoid destruction or adverse modification of their critical habitat. The determination in this document is based on the information provided by the Office of Surface Mining. If new information becomes available, ifa new species becomes Listed, if incidental take occurs, if the total average annual amount of water depleted by this project changes, or if any other project element changes which alters the operation of the project from that which is described in your correspondence and which may affect any •