remainder of this document will address the effects of the depletions and other aspects of the Mine and Loadout Facility/ .`.
<br />on the endangered Colorado River fishes.
<br />Small Depletions under the Recovery Implementation Program for the Upper Colorado River Basin
<br />A Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin was initiated on
<br />January 22, 1988. The Recovery Program was intended to be the reasonable and prudent alternative to avoid jeopardy and
<br />destruction or adverse modification of critical habitat to the endangered fishes caused by depletions from the Upper
<br />Colorado River Basin. In order to further define and clarify the process of the Recovery Program, a section 7 agreement
<br />was implemented on October 15, 1993, by the Recovery Program participants. Incorporated into this agreement is a
<br />Recovery Implementation Program Recovery Action Plan which identifies actions currently believed to be required to
<br />recover the endangered fishes in the most expeditious manner.
<br />Included in the Recovery Program was the requirement that a depletion fee would be paid by water users to help support
<br />the Recovery Program. On June 4, 2010, the Service amended an intra - Service Biological Opinion dated March 9, 1995
<br />( #ES- 6- RO -95 -F -001) determining that the depletion fee for depletions of 100 acre -feet or less are no longer required
<br />because the Recovery Program has made sufficient progress toward recovery to serve as Conservation Measures (formally
<br />reasonable and prudent altefh ryes) for new and historic - project depletions- of -I-00 acre- feet or_less. The_June 4,
<br />intra - Service Biological Opinion added 4,500 acre -feet of water to the cumulative total of 7,500 acre -feet covered in the
<br />previous June 27, 2002, small depletion intra- Service Biological Opinion that also amended the March 9, 1995, Biological
<br />Opinion. Therefore, the cumulative total of small depletions covered by the 2010 intra - Service Biological Opinion is
<br />12,000 acre -feet. The 2010 intra- Service Biological Opinion concluded that small water depletions, up to the additional
<br />4,500 acre -feet, are not likely to jeopardize the continued existence of the endangered fishes and are not likely to destroy
<br />or adversely modify critical habitat. Therefore, the depletion fee for this project is waived and further consultation
<br />regarding the proposed depletions is not required as these effects have been analyzed in the 2010 Biological Opinion as
<br />amended to the original March 9, 1995, Biological Opinion ( #ES- 6- RO -95 -F -00
<br />Consultation History on the McClane Canyon Mine
<br />In October 1985 and February 1986 a BA and a BA amendment were submitted by the Office of Surface Mining,
<br />Reclamation and Enforcement (OSM) to allow the previous owner, Salt Creek Mining Company, to continue operating
<br />the underground McClane Canyon Mine. In response to the BA, the Service issued a March 1986 biological opinion (BO)
<br />(SE /SLC: 6- 5 -86 -F -003) for impacts to the endangered Colorado River fishes as a result of a 1.5 acre -foot depletion. In
<br />March 1992 OSM submitted a BA to modify the mining plan and expand the water depletion to a total of 5 acre -feet. The
<br />Service responded in April 1992 with BO #FWS /GJ- 6- CO -92 -F -00 In December 1999 OSM reported to the Service
<br />that the Mine increased coal production resulting in an additional 0.9 acre -feet of depletion. The Service issued a tiered
<br />BO #ES- 6- RO -95 -F- 001- GJ29 in which it was stated that depletions less than 100 acre -feet would no longer require a
<br />depletion fee (citing a July 8, 1997, intra- Service BO that amended the original March 9, 1995, intra - Service BO). In
<br />- - -December- 2001- OSM-infor-med- the= Servicethat _ coal_ production would increase from 500,000 tons to 1.7 million tons per
<br />year resulting in a total of 7.49 acre -feet of water depletion. The Service then issued another tiered B0 6=R0= 95 =F
<br />001-GJ316 in January 2002 to address the expansion of coal production.
<br />On November 10, 2010, the Colorado Division of Reclamation, Mining, and Safety (CDRMS) notified the Service that
<br />the current Permit Revision application (PR -2), addressed in this consultation, was filed by CAM and they intend to
<br />expand surface facilities and coal production to 500,000 tons. The Service responded to CDRMS on December 16, 2010,
<br />and stated that the depletion of 7.49 acre -feet was already consulted on for the estimated 1.7 million tons per year of coal
<br />production, as stated in the 2001 BA and 2002 tiered BO, but if the depletion amount increased OSM would need to
<br />consult with the Service. Despite the 2001 BA evaluating the expansion of production from 500,000 tons per year to 1.7
<br />million tons per year actual coal production declined to about 280,000 tons per year. The Cameo Coal Plant was the
<br />Mine's only customer and when the Cameo Coal Plant closed at the end of 2010, the Mine became idle. The Mine has
<br />subsequently found new customers and, therefore, has submitted PR -2 to resume mining and expand facilities and
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