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`y <br /> Page 2 <br /> • 5) The Service has provided the Paonia Ranger District with a <br /> species list for a proposal by Mountain Coal Company. <br /> Based on the above, we believe the request for formal consultation is <br /> premature. We believe the following issues should be resolved prior to <br /> initiating formal consultation under Section 7 of the Endangered Species <br /> Act. <br /> 1) What is the relationship of the current proposal to Mountain <br /> Coal Company's ongoing activities? Is the water use analysis <br /> currently being investigated by the Colorado Division of <br /> Minerals and Geology (at the request of this office) related to <br /> the current proposal? <br /> 2) It has been concluded that previous mining operations by <br /> Mountain Coal Company do result in a depletion of water from <br /> the upper Colorado River basin; hence, the formal consultation <br /> completed in 1985. Consequently, we believe any expansion of <br /> operations will also likely result in a depletion. A depletion <br /> analysis should occur to quantify this amount. <br /> 3) We have been coordinating with four agencies regarding ongoing <br /> and proposed coal mining activities by Mountain Coal Company: <br /> the Forest Service (Paonia Ranger District), the Office of <br /> Surface Mining, the Bureau of Land Management, and the Colorado <br /> • Division of Minerals and Geology. The Interagency Cooperation <br /> regulations for compliance with Section 7 of the Endangered <br /> Species Act suggest (50 CFR 402.07) that when more than one <br /> Federal agency has oversight for a particular activity, one of <br /> the Federal agencies should be designated as the lead to <br /> satisfy the consultation responsibilities. The consultation. <br /> process will be more efficient if this procedure is followed <br /> for this action. <br /> The Fish and Wildlife Service suggests that informal consultation continue <br /> with this office to determine whether the above issues have been adequately <br /> addressed, and whether it is appropriate for formal consultation to be <br /> initiated. Please contact me or Terry Ireland if any clarification is <br /> needed. <br /> cc: OSM, Denver (Attn: Chief of Tec ical Services) <br /> FS, Paonia Ranger District (Attn: Andrea Wang) <br /> Colorado Division of Minerals and Geology (Attn: Christine Johnston) <br /> Iteacheen:.t cost.mm:070193 <br /> • <br />