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~-~p <br />waer~vrtsteax: ~. <br />FWS/R6 <br />ES <br />GJ-6-C-99-F-034 <br />Memorandum <br />MAILING ADDRESS: <br />Post Office Box 25486 <br />Denver Federal Center <br />Denver, Colorado 8022486 <br />~~~ .. <br />~`~', .. <br />cJ <br />,~...~ <br />STREET LOCATION: <br />134 Uhion Blvd. <br />Lakewood, Colorado 80228-1$07 <br />MAR 312004 <br />RECEii/ED <br />`APR QZ ~~~; <br />Division of Minerals and GeoloGy <br />To: Assistant Director, Western Regional Coordinating Center, Office of Surface <br />Mining, Reclamation and Enforcement, Denver, Colorado <br />Attention: Carl R. Johnston <br />~~~ <br />From t . Regional Director, Region 6 ~~ t1~ .~ <br />U.S. Fish and Wildlife Service ~ ` <br />Denver, Colorado <br />Subject: Amendment to the Final Biological Opinion for Bowie Number 2 Mine Permit <br />' Revision Number 30, Delta County, Colorado <br /> <br />The U.S: F'ish and Wildlife Service has reviewed the Office of Surface Mining, Reclamation and <br />Enforcement's Mazch 17 and 18, 2004, correspondences requesting formal :consultation on the <br />Bowie Nurnber 2Mine Permit.C-96-083-Technical Revision 30 water augmentation to. existing <br />project wager depletions and the impacts.to the Colorado River fishes. The mine is located in <br />T. 13 S., R. 92 W., sections 2, 3, 4, 9, 10, 11, 14; 15, 16; and T. 12 S., R. 91 W., sections 33 and <br />34, Delta County, Colorado. The proposed action will cause an additional average annual <br />depletion of 0.8 acre-feet to the North Fork of the Gunnison River in'the Upper Colorado River <br />Basin. This amount will increase the present depletion from 325.9 to 326.7_ acre-feet. The <br />Service concurs the depletiori to the North Fork of the Gunnison River is likely to jeopazdize the <br />continued Existence of the Colorado pikeminnow (Ptychocheilus Lucius), humpback chub <br />(GZta cvphci), bonytaiI (Gila elegans), and razorback sucker (Xyrauchen texanus) and result in <br />the destniction or adverse modification of their critical habitat.. <br />Background <br />The Services issued a second biological opinion dated December 10, 1999, to OSM with a <br />concurrence; of "likely to jeopazdize the continued existence" for the four endangered Colorado <br />River fish and said subject (please refer to biological opinion GJ-6-CO-99-F-034 for detailed <br />information). This memorandum serves as an amendment to that biological opinion. <br />Reasonable and Pendent Alternatives <br />A Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River <br />Basin wasnutiated on January 22, 1988. The Recovery Program was intended to be the <br />reasonable and prudent alternative to avoid jeopazdy to the endangered fishes by depletions from <br />the Upper Colorado River Basin. <br />. In order to further define and clarify the process in the Recovery Program, a section 7 agreement <br />was implemented on October 15, 1993, by the Recovery Program participants. Incorporated into <br />the agreement is a Recovery Implementation Program Recovery Action Plan (RIPRAP) <br />!11 R- 3 $ <br />United States Department of the Interior <br />FISH AND WILDLIFE SERVICE <br />Mountain-Prairie Region <br />/)PPRovEO ti'~~-~~oy <br />