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;, <br /> <br /> <br />IN REYI.Y REFER To <br />Mountain-Prairie Region <br />MAI LINC ADDRESS: STREET LOCe\~fIUN: <br />ES GJ-6-CO-94-F-026 Post Office Box 25486 <br />Denver Federal Center <br />Mai 1 Stop 60120 Denver, Colorado 80225 <br />Memorandum <br />-~l <br />~~ rJ~r v~=D <br />134 Union Bird. nlVlg/ J~'Y ~ 1J94 <br />Lakewood, Colorado 8022$ '0~ 0,~ ryjr;W ~/J 5 ~~OIOOy <br />fYi;. 31 i994 <br />To: Assistant Director, Western Support Center, Office of Surface Mining <br />Reclamation and Enforcement, Denver, Colorado <br />Attention: Acting Chief, Biological Sciences Branch <br />From: ~~Regional Director, Region 6, <br />Fish and Wildlife Service <br />Denver, Colorado <br />Subject: Final Biological Opinion for the Orchard Valley Coal Mine <br />In accordance with section 7 of the Endangered Species Act of 1973, as <br />amended (16 U.S.C: 1531 et seq.), and the Interagency Cooperation Regulations <br />(50 CFR 402), this transmits the Fish and Wildlife Service's (Service) final <br />biological opinion for impacts to federally listed endangered species for the <br />Orchard Valley Coal Mine. This opinion is provided to you as the lead Federal <br />Agency regarding section 7 consultation on this project. Copies of this <br />opinion should be provided to the applicant because the Service has <br />incorporated reasonable and prudent alternatives that should be included as <br />conditions of any permits issued by the Office of Surface Mining Reclamation <br />and Enforcement (Office of Surface Mining) for this project. <br />Reference is made to your March 15, 1994, correspondence requesting initiation <br />of formal consultation for the subject project. The Service concurs that the <br />annual depletion of water from the Colorado River Basin "may affect" the <br />endangered Colorado squawfish (Ptychocheilus Lucius), humpback chub (Gila <br />cvpha), bonytail (Gila elegans), and razorback sucker (Xyrauchen texanus) and <br />"may affect" their critical habitat. <br />BIOLOGICAL OPINION <br />Based upon the best scientific and commercial information that is currently <br />available, it is the Service's biological opinion that the proposed project, <br />as described below, is likely to jeopardize the continued existence of the <br />Colorado squawfish, humpback chub, bonytail, and razorback sucker and result <br />in the destruction or adverse modification of their critical habitat. The <br />Service has developed reasonable and prudent alternatives to avoid the <br />likelihood of jeopardy to the endangered fishes and to avoid destruction or <br />adverse modification of their critical habitat. <br />United States Department of the Interior <br />FISH AND WILDLIFE SERVICE <br />