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

• Permit No: C1996083A
• IBM Index Class Name: Permit File
• Doc Date: 11/16/2010
• Doc Name: After 1996
• Section_Exhibit Name: Volume III Exhibit 09 Wildlife
• Media Type: D
• Archive: Yes

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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.
PROJECT DESCRIPTION
Bowie Resources Limited proposes to increase the capacin~ of Bowie's Number 1 Mine train
loading facilities under Technical Revision 32 to process approximately 5 million tons of coal
per year. As a result, water depletion at the facility will increase 42.6 acre-feet per yeaz. The
Service previously consulted on operation of the load out facility for 64.2 acre-feet per yeaz in a
May 31, 1994, biological opinion (ES/GJ-6-CO-94-F-026). The facilities aze located in several
sections of T. 13 S., R. 91 and 92 W., Delta County, Colorado. Water usage will cause
depletions to the North Fork of the Gunnison River, a tributary to the Gunnison River in the
Upper Colorado River Basin.
Bowie Resources Limited also proposes to increase coal mining production at the Bowie Number
2 Mine from 2 million to 5 million tons of coal per yeaz under Permit Revision Number 3. The
underground longwall method will be used to mine the coal. Additional water depletion as a
result of the increased production will bel 13.0 acre-feet per yeaz. The Service previously
consulted on operation of the Bowie Number 2 Mine for 123.6 acre-feet of water depletion in a •
September 3, 1996, biological opinion (ES/GJ-6-CO-96-F-11). The Bowie Number 2 Mine is
located in several sections of T. 13 S., R. 92 W., Delta County, Colorado. Water usage at the
Bowie Number 2 Mine will also cause depletions to the North Fork of the Gunnison River.
BASIS FOR BIOLOGICAL OPfNION
This biological opinion addresses a total average annual depletion of approximately
155.6 acre-feet from the Upper Colorado River Basin. Water depletions in the Upper Basin have
been recognized as a major source of itnpact to endangered fish species. Continued water
withdrawal has restricted the ability of the Colorado River system to produce flow conditions
required by various life stages of the fishes.
Critical habitat has been designated for the Colorado pikeminnow, humpback chub, bonytail, and
razorback sucker within the 100-year floodplain in portions of their historic range (59 F.R.
13374). Destruction or adverse modification of critical habitat is defined in 50 CFR 402.02 as a
direct or indirect alteration that appreciably diminishes the value of critical habitat for both the
survival and recovery of a listed species. In considering the biological basis for designating
critical habitat, the Service focused on the primary physical and biological elements that aze
essential to the conservation of the species without consideration of land or water ownership or
management. The Service has identified water, physical habitat, and biological environtttent as
the primary constituent elements. This includes a quantity of water of sufficient quality that is •
delivered to a specific location in accordance with a hydrologic regime that is required for the
particulaz life stage for each species. Water depletions reduce the ability of the river system to