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IN REPLY REFER TO: United States Department of the Interior • • • • FISH AND WILDLIFE SERVICE COLORADO FIELD OFFICE 71o SIMMS STREE7 ROOM 29x GOLDEN, COLORADO BO{01 FWE/GJ 6-CO-88-F-OS JUN 0 9 1989 MEMORANDUM TO: Chief, Biological Sciences Branch, Office of Surface Mining, Denver, Colorado FROM: Colorado State Supervisor, Fish and Wildlife Enhancement, Fish Wildli rvice, Golden, Colorado ~iJ SUBJECT: Section 7 Consu tati n, King Mine, La Plata County, Colorado This responds to your January 22, 1988, memorandum initiating formal consultation according to Section 7 of the Endangered Species Act of 1973 as amended. During the original permitting of the King Mine (April, 1982), the Fish and Wildlife Service (Service) concluded that no federally endangered, threatened, or officially proposed species occur within project influence. However, recent studies on the San Juan River have documented the presence of Colorado squawfish (Ptvchocheilus liiri>>c) in the San Juan River Basin. The subject project would cause a 0.7 acre-foot depletion of water from the San Juan River that "may affect" the Colorado squawfish. Therefore, this biological opinion addresses impacts of the proposal to this species. This opinion has been prepared in accordance with Section 7 of the Endangered Species Act S16 U.S.C. 1531 g~ ;?gq.) and the Interagency Cooperation Regulations (50 CFR 402). Biological opinion The depletion of 0.7 acre-foot of water from the San Juan River for the operation of the King Mine, with the inclusion of conservation measures outlined below, is not likely to jeopardize the continued existence of the Colorado squawfish. Proiect Descriation The King Mine is located approximately seven miles southwest of Hesperus, Colorado in La Plata County. The mine is adjacent to Hay Gulch, a tributary to the La Plata River. It was originally permitted in 1982 with a permit area of 340 acres. However, only 9.28 surface acres are presently disturbed with no future