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United States Department of the Interior <br />RECEIVED <br />IN REPLY REFER M <br />OFFICE Or SURFACE MINING <br />Reclamation and Enforcement DEC 2 4 2001 <br />P.O. Box 46667 <br />Denver, Colorado 80201-6667 Division of QQ: 9n, <br />December 20, 2007 Mining and Safety <br />Mr. Joseph J. Dudash <br />Colorado Division of Reclamation, Mining and Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />RE: Informal section 7 Consultation, Bowie Resources LLC "Bowie No. i" mine, <br />Permit C-1981-033, Permit Renewal No. 5 <br />Dear Mr. Hernandez: <br />This in response to the Colorado Division of Reclamation, Mining and Safety's December 13, <br />2007, request to consult with the U.S. Fish & Wildlife Service (USF&WS) regarding the above <br />subject. <br />As we discussed, the Bowie No.I mine has been in permanent cessation since 1997, and most of <br />the mine's support facilities have been removed. Some reclamation still needs to be completed <br />at the Fast Portal area however no new areas of surface disturbance or changes in the mine's . <br />reclamation activities are proposed in Permit Renewal No. 5. <br />Based upon the review of the threatened and endangered species inventory conducted by Rare <br />Earth Science and previous section 7 consultations with the USF&WS for the Bowie No. 1 mine <br />the Office of Surface Mining Reclamation and Enforcement (OSM) has determined that Permit <br />Renewal No. 5 will have no effect on the black-footed ferret, (Mustela nigripes), Canada lynx <br />(Lynx Canadensis), Uinta basin hookless cactus (Sclerocactus glaucus), Clay-loving wild <br />buckwheat (Eriogonum pelinophilum) and Yellow-billed cuckoo, (Coccyzus americanus) or <br />result in the destruction or adverse modification of their critical habitats. <br />In a December 10, 1999, Biological Opinion the USF&WS concurred with OSM's Biological <br />Assessment for the Colorado pikeminnow, (Ptychocheilus lucius , razorback sucker (Xyrauchen <br />texanus , boneytail Gila ele ans , and humpback chub Gila cyyha) due to a 106.8 ac/ft. water <br />depletion from the Upper Colorado River System. Currently the Bowie No. 1 mine has an <br />annual water depletion of 5.28 ac/ft. from evaporative loss from sediment ponds and road dust <br />suppression for reclamation activities. This 101.52 ac/ft. decrease in the annual water depletion <br />will have no effect on these fishes beyond what was determined in the previous consultation. <br />If you have any questions regarding this formal consultation, please give me a call at (303) 844- <br />1400, extension 1500. <br />Sincerely, <br />N ?, <br />Ti