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immediately mitigated. Other activities in the area have been implemented and successfully reclaimed or mitigated, and have not had residual effects beyond the specific sites of disturbance. After reviewing the bond amount recommended by the BLM (project file), I believe that it is sufficient to mitigate disturbances to Forest Service resources. No additional bond amount is required by the Forest Service. Extraordinary Circumstances. I also have determined that there are no extraordinary circumstances related to the FS conditions to be attached to the proposed Dry Fork CEL when should it be issued by BLM. Following direction at FSH 1909.15, Ch. 30, Sec. 30.3, I considered the following resource conditions in making my determination that there are no extraordinary circumstances associated with the FS conditions on the proposed Dry Fork CEL. Federally listed threatened or endangered species or designated critical habitat, species proposed for Federal listing or proposed critical habitat, or Forest Service sensitive species. A Biological Assessment/Evaluation (BABE) was completed for activities proposed under the Dry Fork CEL (project file). The BA documented that FS conditions on the proposed Dry Fork CEL would result in a "may affect, likely to adversely affect" determination for 4 endangered fish species due to water depletions (1.1 acre-feet) in the Upper Colorado River Basin. Even though proposed activities under the Dry Fork CEL, with FS conditions, resulted in a "may affect, likely to adversely affect" determination, the project is consistent with the Programmatic Biological Opinion (PBO) (Dec. 20, 1999). Under the Programmatic Biological Opinion, a certain level of water depletions is allowed with no j eopardy to the endangered fishes. Consultation is required to determine whether the project fits under the umbrella of the PBO. Activities under the proposed Dry Fork CEL, with FS conditions, would result in a depletion level within the limits for small depletions, and federal discretion is retained. Depletion fee requirements are waived for depletions of 100-acre-feet or less, and consequently, depletion fees for the proposed Dry Fork CEL are not required. The BA also documented that activities under the proposed Dry Fork CEL, with FS conditions, would result in a "may affect, not likely to adversely affect" determination for Canada lynx because one of the drill locations is proposed on the edge of mapped "other" habitat (capable but not currently denning or winter foraging habitat). This would cause temporary alteration of approximately 0.45 acres of lynx habitat, but with no permanent loss to habitat and no net increase in snow compaction. Based on the information presented in the BABE, the U.S. Fish and Wildlife Service concluded that the project fits under the umbrella of the PBO for the endangered fish in the Upper Colorado River, and concurred with the Forest Service's determination that the project "may affect but will not adversely affect" the lynx (project file). The BE identif ed two sensitive species in the area of the proposed Dry Fork CEL: the northern goshawk (Accipiter gentillis) and purple martin (Progne subis). However, proposed activities carried out consistent with FS conditions #12 and #13 (Appendix A) would result in no impact to these species.