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2009-02-04_APPLICATION CORRESPONDENCE - C2008086
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2009-02-04_APPLICATION CORRESPONDENCE - C2008086
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Last modified
8/24/2016 3:43:22 PM
Creation date
2/4/2009 2:15:47 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C2008086
IBM Index Class Name
APPLICATION CORRESPONDENCE
Doc Date
2/4/2009
Doc Name
Response to BLM Letter dated 9/15/08
From
Fish and Wildlife
To
BLM
Email Name
MPB
Media Type
D
Archive
No
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CUMMULATIVE EFFECTS <br />Cumulative effects include the effects of future State, local, or private actions that are <br />reasonably certain to occur in the action area considered in this biological opinion. <br />Future Federal actions that are unrelated to the proposed action are not considered in this <br />section because they require separate consultation pursuant to section 7 of the ESA. <br />Within the project area in Mesa County on private lands, there are approximately 20 <br />active development applications for residential, commercial, and agricultural <br />development as of mid-2008 (WWE 2008). There are no major highway projects <br />planned in Mesa County within the project area (WWE 2008). <br />The development of natural gas resources in the general area (Grand Valley) is increasing <br />as industry expands operations from on-going centralized operations that have been <br />focused in the area of Parachute, Colorado. A limited amount of natural gas exploration <br />and development is currently occurring in the project area. <br />CONCLUSION <br />After reviewing the current status of the Colorado pikeminnow, humpback chub, <br />bonytail, and razorback sucker, the environmental baseline for the action area, the effects <br />of the proposed action, and the cumulative effects, it is the Service's biological opinion <br />that the Project, as described in this biological opinion, is not likely to jeopardize the <br />continued existence of endangered fish and the proposed project is not likely to destroy or <br />adversely modify designated critical habitat. <br />INCIDENTAL TAKE STATEMENT <br />Section 9 of the ESA and Federal regulation pursuant to section 4(d) of the ESA prohibit <br />the take of endangered and threatened species, respectively, without special exemption. <br />Take is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or <br />collect, or to attempt to engage in any such conduct. Harm is further defined by the <br />Service to include significant habitat modification or degradation that results in death or <br />injury of listed species by significantly impairing essential behavioral patterns, including; <br />breeding, feeding, or sheltering. Harass is defined by the Service as intentional or <br />negligent actions that create the likelihood of injury to listed species to such an extent as <br />to significantly disrupt normal behavior patterns which include, but are not limited to <br />breeding, feeding or sheltering. Incidental take is defined as take that is incidental to, and <br />not the purpose of, carrying out of an otherwise lawful activity. Under the terms of <br />section 7(b)(4) and section 7 (0)(2), taking that is incidental to and not intended as part of <br />the agency action is not considered to be prohibited taking under the ESA provided that <br />such taking is in compliance with the terms and conditions of this Incidental Take <br />Statement. <br />Colorado pikeminnow, humpback chub, bonytail, and razorback sucker are harmed from <br />the reduction of water in their habitats resulting from the subject action in the following <br />manner--1) individuals using habitats diminished by the proposed water depletions could <br />33
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