2010-06-16_PERMIT FILE - C1981038 ‎(2)‎

• Permit No: C1981038
• IBM Index Class Name: Permit File
• Doc Date: 6/16/2010
• Section_Exhibit Name: Volume 9A Environmental Resources - Fish & Wildlife Appendix Part 3
• Media Type: D
• Archive: No

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IN REYI.Y REFER To
Mountain-Prairie Region
MAI LINC ADDRESS: STREET LOCe\~fIUN:
ES GJ-6-CO-94-F-026 Post Office Box 25486
Denver Federal Center
Mai 1 Stop 60120 Denver, Colorado 80225
Memorandum
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To: Assistant Director, Western Support Center, Office of Surface Mining
Reclamation and Enforcement, Denver, Colorado
Attention: Acting Chief, Biological Sciences Branch
From: ~~Regional Director, Region 6,
Fish and Wildlife Service
Denver, Colorado
Subject: Final Biological Opinion for the Orchard Valley Coal Mine
In accordance with section 7 of the Endangered Species Act of 1973, as
amended (16 U.S.C: 1531 et seq.), and the Interagency Cooperation Regulations
(50 CFR 402), this transmits the Fish and Wildlife Service's (Service) final
biological opinion for impacts to federally listed endangered species for the
Orchard Valley Coal Mine. This opinion is provided to you as the lead Federal
Agency regarding section 7 consultation on this project. Copies of this
opinion should be provided to the applicant because the Service has
incorporated reasonable and prudent alternatives that should be included as
conditions of any permits issued by the Office of Surface Mining Reclamation
and Enforcement (Office of Surface Mining) for this project.
Reference is made to your March 15, 1994, correspondence requesting initiation
of formal consultation for the subject project. The Service concurs that the
annual depletion of water from the Colorado River Basin "may affect" the
endangered Colorado squawfish (Ptychocheilus Lucius), humpback chub (Gila
cvpha), bonytail (Gila elegans), and razorback sucker (Xyrauchen texanus) and
"may affect" their critical habitat.
BIOLOGICAL OPINION
Based upon the best scientific and commercial information that is currently
available, it is the Service's biological opinion that the proposed project,
as described below, is likely to jeopardize the continued existence of the
Colorado squawfish, humpback chub, bonytail, and razorback sucker and result
in the destruction or adverse modification of their critical habitat. The
Service has developed reasonable and prudent alternatives to avoid the
likelihood of jeopardy to the endangered fishes and to avoid destruction or
adverse modification of their critical habitat.
United States Department of the Interior
FISH AND WILDLIFE SERVICE