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William B. Crick <br />June 14, 1991 <br />Page 2 <br />The Service believes that major causes for the decline of the Colorado squawfish, <br />humpback chub, bonytail chub, and razorback sucker include the effect of impoundments <br />and water depletion from the Colorado River and its tributaries. We believe that any <br />action made possible by the New Castle Energy Corporation coal mining project that <br />causes a depletion of water from the Upper Colorado River Basin should prompt a "may <br />affect" finding by the Mined Land Reclamation Division and Office of Surface Mining <br />for the listed fishes and necessitate formal consultation under the Endangered Species <br />Act. <br />The lead Federal agency should evaluate the potential impacts of the proposed water <br />supply pipeline and determine if the action may affect any listed species. If a <br />determination is "may affect" for listed species, the Federal agency must request in <br />writing formal consultation and should provide a biological assessment, and any other <br />relevant information used in making impact determinations. <br />The construction of the proposed water pipeline could adversely impact wetland habitat <br />associated with the Colorado River floodplam. A permit from the Army Corps of <br />Engineers may be necessary due to the alteration of this wetland habitat. <br />Mitigation measures and a fee of $10.91 per acre foot of water may be imposed to <br />compensate for the water depletion and alteration of wetland habitat under formal <br />• consultation. <br />If the Service can be of further assistance, please contact Terry Ireland at the letterhead <br />address. <br />Sincerely, <br />~~ <br />eith L. Rose <br />Acting Colorado State Supervisor <br />cc: OSM, Denver <br />CDOW, Grand Junction <br />COE, Grand Junction <br />FWS/FWE, Salt Lake City <br />FWS/FWE, Golden <br />T'Ireland:ti/jw:nucasdc.lv:6/11 /91 <br />