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Previous Consultations <br />The USF&WS has previously determined that water depletions in the Upper Colorado River <br />System are a major source of impact to the endangered fish species. Continued water <br />withdrawals have restricted the ability of the Colorado River system to produce the flow <br />conditions required by the various life stages of these fish. <br />In a letter dated August 28, 1995, (E-6-RO-95-F-001-GJ73) USF&WS concurred with OSM's <br />August 8, 1995 "not likely to jeopardize" determination for the Colorado pikeminnow, <br />(Ptychocheilus lucius), boneytail Gila elegans), and humpback chub Gila Opha) due to a 7.59 <br />ac/ft water depletion and waived the depletion fee. <br />OSM was unable to locate any further consultations addressing water depletions from the <br />Colorado River system for the trapper mine. In response to OSM's request, Trapper Mining Inc. <br />updated and revised its water depletion estimate. Based upon the information submitted to OSM, <br />Trapper Mining Inc. estimates that 190.32 ac/ft are lost as a result of evaporative losses from <br />existing and future sediment ponds, stock watering ponds and dust suppression activities. This <br />190.32 ac/ft loss however is offset by a 95.52 ac/ft augmentation from deep well pumping and pit <br />dewatering from noncontributing aquifers below the Yampa River. Therefore, Trapper Mining <br />Inc.'s net water depletion for the Trapper mine is 94.8 ac/ft per year. <br />Determinations of Effect <br />Based on the above information, OSM has determined that mining and reclamation operations <br />associated with PR-06 at Trapper Mining Inc.'s Trapper mine "may affect / likely to adversely <br />affect" the continued existence of the Colorado pikeminnow, humpback chub, boneytail, and <br />razorback sucker. Therefore, OSM is requesting the initiation of formal Section 7 consultation <br />for the net annual water depletion of 94.8 ac/ft. <br />Based on the above information, OSM has determined that mining and reclamation operations <br />associated with PR-06 at Trapper Mining Inc.'s Trapper mine will have "no effect" on the black- <br />footed ferret, Canada lynx, Mexican spotted owl, and Ute ladies'-tresses. <br />It is also OSM's determination that current mining and reclamation activities are not likely to <br />jeopardize the Yellow-billed cuckoo. OSM understands that, should these species be listed in the <br />future, the Regulatory Authority 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. Jo ston <br />Natural Resource Specialist <br />cc: CO-DRMS