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} '?', <br />In a memorandum dated November 14, 1997, (ES/CO:OSM MS 65412 GJ) the USF&WS stated <br />it had no comments regarding Twentymile Coal Company's Permit Revision No. 4 since there <br />was no change in the previously consulted on water depletion. <br />In a memorandum dated April 27, 2007, (ES/CO:OSM TAILS 65413-2007-I-0138) the <br />USF&WS determined that consultation and concurrence was not necessary for the bald eagle, <br />Canada lynx and yellow-billed cuckoo for Technical Revision TR-59 proposing the construction <br />of a closed-circuit washplant and an increase in coal recovery operations from 10.0 million tons <br />per year to 12.0 million tons per year. In addition, no further consultation was necessary for the <br />Colorado pikeminnow, humpback chub, boneytail, and razorback sucker since the estimated <br />average annual water depletion for the life of the mine was 285.6 ac/ft and below the 1997, <br />299.54 ac/ft per year consultation. <br />In a memorandum dated August 12, 2008, (ES/CO:OSM TAILS 65413-2008-TA-0174) the <br />USF&WS acknowledged OSM's determination of no effect on the Canada lynx. In addition, <br />since the proposed depletion to the Upper Colorado River system will not change, the depletion <br />associated with the Foidel Creek mine remains covered by previous consultations. The depletion <br />may affect, is likely to adversely affect the Colorado River Fishes and is addressed in Biological <br />Opinions GJ-6-CO-95-F-007 and GJ-6-CO-97-F-014. <br />Determinations of Effect <br />Based on the above information, OSM has determined that PR-08 at Twentymile Coal <br />Company's Foidel Creek will have no effect on the Canada lynx, and may affect, and is likely to <br />adversely affect the Colorado pikeminnow, humpback chub, boneytail, and razorback sucker. <br />It is also OSM's determination that PR-08 is not likely to jeopardize the Yellow-billed cuckoo. <br />OSM understands that, should these species be listed in the future, the Regulatory Authority <br />would need to reinitiate consultation with your office. <br />If you have any questions regarding this formal consultation, please give me a call at (303) 293- <br />5038. <br />Sincerely, <br />Carl R. Jef nston <br />Natural Resource Specialist <br />cc: CO-DMRS