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

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Volume III, Tab 9 I~ • TR-a7 /1 oPkov~ 1. 1996 biological opinion GJ-6-CO-96-F-011 for 123.6 acre-feet (Note--The OSM's Technical Revision Number 2 letter dated September 7, 1999, indicated a decrease in the water depletion: The amount of decrease was not mentioned.}. 2. 1999 biological opinion GJ-6-CO-99-F-007 for 182.5-acre-feet. 3. 1999 biological opinion GJ-6-CO-99-F-034 for 113.0-acre-feet. Service biologist, Louanne McMartin, contacted Mr. Carl Johnston of OSM and verified that the current depletion for th'e Bawie Number 2 Mine is 256.0-acre-feet as stated iu OSM's June 27, 2003, letter, Conclusion Ia our review of the additional depletion we have determined that the effects analysis and conclusions reached in the 1999 biological opinion (GJ-6-CO-99-F-034) are still valid and that the addidon.al depletion of 69'acre-feet is likely to jeopazdize the Colorado pikeminnow,. razorback sucker, humpback chub, and bonytail, and is likely to adversely modify their desigpated i;ritical habitat. . Reasonable and Prudent Alternatives A Rccover7~ Implementation Program for Endangered Fish Species in the Upper Colorado River Basin was initiated on January 22, 1988. The Recovery Program was intended to be the reasonable and prudent alternative to avoid jeopardy to the endangered fishes by depletions from the Upper Colorado River Basin. In order to further define and clarify the process in the Recovery Program, a Section 7 agreement was implemented on October 15, 1993, by the Recovery Programs participants. Incorporated into the agreem~snt is a Recovery. Implementation Program Recovery' Action Plait {RIPRAP} identifying actions currently believed required to recover the endangered fishes in.the most expedition;, manner. Included in the Recovery Program was the requirement that a depletion fee would be paid to help support the Recovery Program. The project's Technical Revision 27 to augment 69 acre-feet to the existing 256.9 acre-feet depletion i;~ considered by the Service as part of the whole depletion for the Bowie Number 2 project. Therefore, a fee for the additiona169.acre-feet will be required m fulfill the. Section 7 agreement, The fee amount due is calculated by multiplying the project's additional average annual depletion (69 acre-feet) by the depletion charge in effect at the time.payment is made. For. Fiscal Yca~: 2003 (October 1, 2002, to September 30, 2003), the charge is $15.68 per acre-foot for the average annual depletion which equals a total contribution of $1,08'I.92 for this project's shaze of thr, Recovery Program costs. This amount will be adjusted annually for inflation on October L of each year based on the Consumer Price Index. Ten percent of the total contribution ($108.19), or total payment, will be provided to the Service's desi~atad at;ant, tha National Fish g/ia lc 3 PA~Eao~y