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<br />TJNTTED STATES.DEPARTMENT OF.TIiE IIVIERIOR <br />-FISH AND WILDLIFE SERVICE <br />FISH'AND WII.DLIF'E ENHANCEMENT <br />Cdorado State OlSee <br />'T30 Simms Street, Suite 290 <br />Golden, CO 80401 <br />FTS 554-5280 FAX (303) 131-5285 <br />Phone: (303) 131-5280 <br />IN REPLY REFER TO: <br />FWS/GJ-6-CO-92-F-007 <br />`APR 1 G 1992 <br />Memorandum <br />To: Chief, Reclamation Science Section, Office of Surface Mining, <br />Denver, Colorado <br />from: Colorado State Supervisor, Fish and Wildlif ,Y¢rvice~d <br />Wildlife Enhancement, Golden, Colorado ~~Jo,'~~ ((~,,~f,ffJJ , ~~ <br />Subject: Final Biological Opinion far Salt Creek Mining~ompany s McClave <br />and Munqer. Canyon Mines <br />In accordance with Section 7 of the Endangered Species Act of 1973, as amended <br />(16 U.S.C. 1531 et seg.) and the Interagency Cooperation regulations (50 CFR <br />402), this transmits the Fish and Wildlife Service's (Service) Biological <br />Opinion for impacts to federally listed endangered species. This opinion is <br />. provided to you as the lead Federal agency regarding Section 7 consultation on <br />this project. Copies of this opinion are being provided to the above <br />referenced applicant since the Service has incorporated Conservation Measures <br />that should be included as conditions of any permits issued by the Office of <br />Surface Mining (OSM) for this project. <br />Reference is made to your March 2, 1992, letter requesting initiation of <br />formal consultation for the subject project. The Service concurs that the <br />annual depletion of water from the Colorado River "may affect" the endangered <br />Colorado squawfish (Ptvchocheilus Lucius), humpback chub (Gila cvpha), <br />bonytail chub (Gila elegans), and razorback sucker (Xvrauchen texanus). <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 not likely to jeopardize the continued existence of the <br />Colorado squawfish, humpback chub, bonytail chub or razorback sucker provided <br />that the Conservation Measures described in this document are implemented. In <br />a letter dated March 25, 1992, the Sa]t Creek Mining Company agreed to <br />implement the Conservation Measures that we believe are necessary to offset <br />