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IN REPLY REFER TO
<br />ES /GJ- 6- CO- 04- F- 012 -YP016
<br />TAILS 65413- 2006 -F -0178
<br />Memorandum
<br />From:
<br />Subject:
<br />United States Department of the Interior
<br />FISH AND WILDLIFE SERVICE
<br />Ecological Services
<br />764 Horizon Drive, Building B
<br />Grand Junction, Colorado 81506 -3946
<br />To: Natural Resources Specialist, Office of Surface Mining, Reclamation and
<br />Enforcement, Denver, Colorado
<br />Western Colorado Supervisor, Fish and Wildlife Service, Ecological Services, Grand
<br />Junction, Colorado
<br />• November 6, 2006
<br />CCLOWYO COAL CO. L.P.
<br />TECHNICAL ^ ERVICES __
<br />0 6 1 '4 3 °
<br />Biological Opinion for Colowyo Coal 2ompany, L.P., Colowyo Mine Permit C -81-
<br />019, Revision 02
<br />This is in response to your letter dated August 28, 2006, concerning Revision 02, to Permit C -81-
<br />019, proposed by Colowyo Coal Company, L.P., for the Colowyo surface coal mine in Moffat
<br />and Rio Blanco counties, Colorado. The mine is approximately 28 miles south of the town of
<br />Craig, Colorado on State, private, and lands managed by the Bureau of Land Management. This
<br />U.S. Fish and Wildlife Service (Service) response is in accordance with section 7 of the
<br />Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and the Interagency
<br />Cooperation Regulations (50 CFR 402).
<br />Your letter includes effects determinations for the bald eagle, black- footed ferret, Mexican
<br />spotted owl, Canada lynx, Dudley Bluffs bladderpod, Dudley Bluffs twinpod, yellow - billed
<br />cuckoo, Graham beardtongue, White River beardtongue, and the 4 endangered Colorado River
<br />fishes: Colorado pikeminnow, humpback chub, razorback sucker, and bonytail.
<br />Your analysis arrives at "no effect" determinations for the black- footed ferret, Mexican spotted
<br />owl, Dudley Bluffs bladderpod, Dudley Bluffs twinpod, yellow - billed cuckoo, Graham
<br />beardtongue, and White River beardtongue. Your "no effect" determinations were based on
<br />effects analyses indicating no suitable habitat for these species within the project area. Because
<br />the Office of Surface Mining, Reclamation and Enforcement (OSM) determined that the
<br />proposed action would not affect the black- footed ferret, Mexican spotted owl, Dudley Bluffs
<br />bladderpod, Dudley Bluffs twinpod, yellow - billed cuckoo, Graham's beardtongue, and White
<br />River beardtongue, consultation and concurrence are not necessary on these species.
<br />Your analysis arrives at a "may affect, but not likely to adversely affect" determination for the
<br />bald eagle and yellow - billed cuckoo. Bald eagles are known to nest in the Yampa River and
<br />White River Valleys, and to winter in the Yampa River Valley north of the project area.
<br />However, your analysis indicates that on -site surveys revealed no suitable roosting habitat or nest
<br />
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