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In September 2009, Mountain Coal Company, LLC reevaluated its water depletion estimates for <br />the West Elk mine for the construction of a closed circuit coal preparation plant and the redesign <br />of a sediment pond. As a result of this reevaluation, Mountain Coal Company, LLC calculated <br />its net annual depletion for the West Elk mine to be 47.1 ac/ft per year from the North Fork of the <br />Gunnison River. <br />OSM has determined that the effect of TR-120, "may effect, and is likely to adversely effect" the <br />continued existence of the Colorado River Fishes. However, since the new depletion estimate is <br />below the 82.4 ac/ft per year addressed in previous consultations it is addressed in Biological <br />Opinion ES-6-RO-95-F-001-GJ387. <br />Determinations of Effect <br />Based on the above information, OSM has determined that mining and reclamation operations <br />associated with TR-120 at Mountain Coal Company, LLC's West Elk mine "may affect but are <br />not likely to adversely affect" Canada lynx, or result in the destruction or adverse modification of <br />its critical habitat. <br />OSM has determined that the effect of TR-120, "may effect, and is likely to adversely effect" the <br />continued existence of the Colorado River Fishes. <br />TR-120 will have "no effect" on the Umcompahgre fritillary butterfly. It is also OSM's <br />determination that current mining and reclamation activities are not likely to jeopardize the <br />Greenback cutthroat trout, Yellow-billed cuckoo, and Gunnison's prairie dog. OSM understands <br />that, should these species be listed in the future, the Regulatory Authority would need to <br />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. Johnston <br />Natural Resource Specialist <br />cc: CO-DRMS