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~,~K.ENT OF Th <br />F <br />c~ 'm <br />N 9 <br />~ a <br />9 <br />~4ACN 3. ,ea <br />IN REPLY REFEA TO: <br />MAILING ADDRESS: <br />FWS/R6 Post Office Box 25486 <br />ES Denver Federal Center <br />Denver, Colorado 80225-0486 <br />'~J~~~~~ <br />~~'~ <br />SEP 2 4 200 <br />~s ~Q 30 <br />~~ ~ <br />1 <br />.w°~ <br />RECE'~/E® <br />SEF 182004. <br />Division of Minerals and Geology <br />Memorandum <br />To: Assistant Director, Western Regional Coordinating. Center, Office of Surface <br />Mining, Reclamation and Enforcement, Denver, Colorado <br />Attention: Cazl R. Johnston <br />Fro~N~Regional Director, Region 6 <br />U.S. Fish and Wildlife Service , <br />Denver, Colorado <br />Subjeef: Amendment to the Final Biological Opinion for Bowie Number 2 Mine Permit <br />Revision Number 30, Delta County, Colorado, and. Water Depletion Payment <br />Clarification <br />We aze writing to inform you that the subject project is not in compliance with the outcome of <br />two formal consultations pursuant to section 7 of the Endangered Species Act of 1973, as <br />amended.-The Office of Surface Mining, Reclamation, and Enforcement provided authorization <br />for the Bowie Number 1 and Number 2 mine projects after consulting with us concerning the <br />effects of the projects on four endangered Colorado River fish. We provided you with our <br />determination that the projects as proposed were likely to jeopazdize the continued existence of <br />the listed fish and proposed a reasonable and prudent alternative to avoid jeopazdy. The <br />reasonable and prudent alternative included payments to offset the effects of the depletion of <br />water from the Colorado River that would result from the project. Our records indicate that <br />depletion payments for the Bowie Number 1 and Number 2 mines have not been paid. For your <br />information, the biological opinion for the Bowie Number 2 mine cited an incorrect depletion <br />chazge of $15.68 per acre-foot (Mine Permit C-96-083-Technical Revision 30). The depletion <br />chazge should have reflected the Fiscal Yeaz 2004 (October 1, 2003, to September 30, 2004) fee <br />of $15.93 per acre-foot. Angela Kantola of my staff previously brought this error to the attention <br />of Cazl Johnston of your staff in an a-mail dated December 2, 2003. <br />United States Department of the Interior <br />FISH AND WILDLIFE SERVICE <br />Mountain-Prairie Region <br />STREET LOCATION: <br />134 Union Blvd. <br />Lakewood, Colorado 80228-1807 <br />