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remainder of this document will address the effects of the depletions and other a�peots of tiie Mine_ apd Loadout Faeitity
<br />on the endangered Colorado River fishes.
<br />Small Depletions under the Recovery Juipiemeritation Pr•ogrard fox the -Upper Colorado River Basin
<br />A Recovery Implementation Program for Endangered Fish Species in the Upper ,Colorado River Basin was Initiated on
<br />Jant:a - 22, 1988. The Recovery Program was intended to be the rea §onabk and prudent alternative to avoid jeopardy and
<br />destruction or adverse rood illcapon,of dritical . habitat to the eiidapgered fishes caused by depletions from the Upper
<br />Colorado. River Basin. In order to furt%er define and Oa6fy the process of the Recovery 1'rogrant, :a section 7 $greenient
<br />was hhpleniented on'OUober 15, 1993, by the Recovery Program participants. Incorporated into this agreement is a
<br />Recovery Imple-me.ntatioiiProgWi Reoovery Agtion Plan which id,entifeg actions currently believed t6 be required to
<br />recover-the endangered fishes in the most expeditious manner.
<br />Included in the Recovery Pro&. in Nvas the riequitopterkt that a depletion fee would be paid by water users to help support
<br />the• Recover Program. On June 4, 2010, t1te , ervice- amended an infra- Service Biological Opinion dated March 9, 1995
<br />(##ES- 6 -R6-95 F -001) determining that the depletioii fee for.ddPjgdons of ioo'acre -feet or less are no longerrequired
<br />because the Recovery Program has itiaile sufficient progress toward recovery to serve'as Conservation Measures (formally
<br />reasonable acrd -prodgnt altgmatives) ,for new arjd Historic ro' t-depletions of 1 -00 acre -feet of leas. The June �, 2010; N.
<br />intra= Servicd Biological Opinion added 4,s0� acre =feet ot�water to-the cumulative total of 7,50. acre " feet covered in the
<br />previoas Ju_#6 27,, 2002, §mall depletion intra= Service Biological Opinion that also amended the March % 1995, Biological
<br />Opinion. Therefore, the cumulative total of•small depletion's covered by the 2010 infra- Service Biological Opinion is
<br />12,000 acre-feet. The 2010 in'tra- Service Brg1og1@a1 Opinion conoluded drat small Hater depletions, up to theadditional
<br />4,500 acre -feet, are not likely to jeopardize the cb'ittinaed existence of the endangered fishes and are not likely to destroy
<br />or adversely modify critical habitat. Thor6forg, the deplefioii fee for this project is waived and further consultation
<br />regarding the proposed depletiotis'is not required a5 these effects havebeen analyzed in the 2010 Biological Opinion as
<br />amended to the original March 9, 1995, B16logcca [Opinion- (#}ES- 6- RO -95 -F -001).
<br />Consultation $istory on the MFCIane 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 andEnforcetnerit (OSM) to allow the previow owitei; Salt Creek Mining Cotupany, to continUe,ojierating
<br />the underground Mcdane Capyon Mine. In response to the $A,,the Service issued a March 1.986 biolggical apliliori (130)
<br />(SEISLQ 6.5- 86- F-003) for impacts to the endangered Colora o River fishes as a result of a 1:5 acre-foot depletion. In
<br />March 1992 OSM submitted a BA to rii6dify_th6 mining plan and expand the water de' 'Ietioa to a total of 5 acre feet. The
<br />Service responded ip April I I9Z yyitb BO #FWS /GJ- 6- CO -'92 -F -9.07. In ,becenttler -1999 OSM, reported to the Service
<br />that the Mine increased coal ,produ' cfion resulting in an, additional 0,9 acre -feet of depletion. The Service issued a tiered
<br />110#> S= 6- RO- 95. -F= 001- GJ291, in whioh it-was stated that deiildtions less than 100 acre kt would no fongerrequire a
<br />depletion fee (giting a July$, 1,0.97, intra- Service BO 0tat aniteuded the original March 9, 1995, iritfd- $eryice BO), In
<br />December 2001 OSM'latoemed the Service that coal pro6gdon would increase from 500,000 #ons tq 1,.7 niillio�n tQns per
<br />year resulting in a total of 7,49 acre feet of water depletion. The Service then issued another tiered BO #BS- 4- Ird =95 -F-
<br />001- ©J316, in January 1002 to address the exparisioii of coal production.
<br />On Nov6rpber 10, 201 0, the Colorado Division of Reclamation, Mining, and Safety (CDItMS) notified the Service that
<br />the current Permit Revision application (PR i-), addregsed in this consultation, was filed by CAM and they intend to
<br />expand surface facilities and coal production to 500,'000 ions. The Service>;espohded to „CDRM$ oii DgC rnbpr 16, 2010,
<br />anal stated that the depletion of 7.49 acre -feet was already consulted on for the estiinated 1.7 million ions per year of coal
<br />production, as stated iti. the=2001 BA "d 2002-tiered BO., but if the depletion amount increased O” ' would need to
<br />consult with the Service. Despitg klie, X001 13A evaluating; the i >ipansion of production front 500,000 torts per year to 1.7
<br />million tops per year actual coal pro- duction declined :to about 280 000 tons per year•. The Canieo'Cdal Plant was the
<br />Mine's only customer and when the Carireo Coal Plant closed of 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 ex panel- facilities and
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