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to adversely affect these federally listed, endangered fishes or their habitats. It is our <br />understanding that the action proposed at this time involves no increase (rather, a slight decrease) <br />in the estimated net annual water depletion to the Upper Colorado River Basin. Prior <br />consultations for the depletions at the Bowie No. 2 Mine occurred in 1999, 2001, 2003, and <br />2004, as outlined in your letter. Therefore, the existing Recovery Implementation Program for <br />Endangered Fish Species in the Upper Colorado River Basin will continue to serve as the <br />reasonable and prudent alternative to avoid jeopardy to the endangered fishes by the project- <br />caused depletions. <br />Regarding the bald eagle, the proposed, new refuse disposal site lies within winter foraging range <br />for the species, and within a major concentration area mapped by the Colorado Division of <br />Wildlife (CDOW). CDOW has mapped a bald eagle roost site within a quarter mile of the <br />proposed project area, along the North Fork of the Gunnison River. Analysis in the BA indicates <br />foraging for prey could occur in the project area, which contains several old cottonwood trees <br />that could provide hunting perches; however, due to abundant, additional foraging habitat in the <br />river bottom away from the project area, along several miles of the North Fork of the Gunnison <br />River, the BA determined that foraging in the project area would likely be infrequent. The BA <br />also determined that a small potential exists for bald eagle collisions with the proposed overhead <br />refuse conveyor or with power lines and poles at the mine. Based on this information, OSM <br />concluded that the project "may affect" the bald eagle, but is "not likely to adversely affect" the <br />species. Based on the information provided in your analysis, the Service concurs with your <br />"may affect, but not likely to adversely affect" determination for the bald eagle. <br />The Service decisions in this document are based on the information provided by the OSM. If <br />new information becomes available, if a new species becomes listed, if incidental take occurs, if <br />the total average annual amount of water depleted by this project changes, or if any other project <br />element changes which alters the operation of the project from that which is described in your <br />correspondence and which may affect any endangered or threatened species in a manner or to an <br />extent not considered in this biological opinion, section 7 consultation should be reinitiated. The <br />OSM should condition its approval documents to retain jurisdiction should section 7 consultation <br />need to be reinitiated. <br />If the Service can be of further assistance, please contact Larry Thompson at the letterhead <br />address or (970) 243-2778, extension 39. <br />LThompson:OSMBowieNo.2MinePennitC-96-083TR45CL.doc:041307 <br />2