2010-11-16_PERMIT FILE - C1996083A (27)

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~' to adversely affect tt understanding that tt 9n the estimated net consultations for the 2004, as outlined in ; Endangered Fish Spi reasonable and prude caused depletions. Regarding the bald t for the species, and Wildlife (CDOW). proposed project are foraging for prey coy that could provide h river bottom away fi River, the BA deterr also determined that refuse conveyor or v concluded that the p~ species. Based on th "may affect, but not The Service decisio new information be the total average am element changes wb correspondence and extent not considere OSM should conditi need to be reinitiate If the Service can be address or (970) 243• ~e federally listed, endangered fishes or their habitats. It is our action proposed at this time involves no increase (rather, a slight decrease) Waal water depletion to the Upper Colorado River Basin. Prior +pletions at the Bowie No. 2 Mine occurred in 1999, 2001, 2003, and ur letter. Therefore, the existing Recovery Impl<~:mentation Program for les in the Upper Colorado River Basin will continue to serve as the ~ alternative to avoid jeopardy to the endangered fishes by the project- gle, the proposed, new refuse disposal site lies wittun winter foraging range ithin a major concentration area mapped by the Ci~lorado Division of DOW has mapped a bald eagle roost site within a~ quarter mile of the along the North Fork of the Gunnison River. Analysis in the BA indicates d occur in the project area, which contains several old cottonwood trees sting perches; however, due to abundant, addition+il foraging habitat in the m the project area, along several miles of the Notch Fork of the Gunnison Wed that foraging in the project area would likely Abe infrequent. The BA small potential exists for bald eagle collisions with the proposed overhead h power lines and poles at the mine. Based on this information, OSM jest `4nay affect" the bald eagle, but is "not likely to adversely affect" the information provided in your analysis, the Service concurs with your rely to adversely affect" determination for the band eagle. in this document are based on the information provided by the OSM. If Wes available, if a new species becomes listed, if;incidental take occurs, if it amount of water depleted by this project change, or if any other project t alters the operation of the project finm that whi%h is described in your '.rich may affect any endangered or threatened species in a manner or to an n this biological opinion, section 7 consultation should be reinitiated. 11te its approval documents to retain jurisdiction shoxild section 7 consultation further assistance, please wntact Larry Thompsiin at the letterhead 78, extension 39. •