2012-12-20_REVISION - C1996083 (2)

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The effects determination and concurrence provided by the Service were as such, • "You (Bowie) determined that the proposed action would have no effect on yellow - billed cuckoo or North American wolverine. Therefore, section 7 consultation and concurrence are not necessary for these species." • "BLM (2011) estimated that .15 acre -feet of water would be depleted annually, and 1.6 acre -feet total over the ten -year period, as a result of proposed activities. The Service has determined that water depletions adversely affect the Colorado pikeminnow, razorback sucker, humpback chub, and Bonytail and their critical habitats. Small water depletions associated with the project would be addressed and reported under the Programmatic Biological Opinion (PBO) for Water Depletions Associated with BLM Projects (Excluding Fluid Mineral Development) (ES /GJ- 6- CO -08 -F -0010) within the Upper Colorado River Basin in Colorado. All other water depletions not meeting the requirements and conditions of the PBO would need to be addressed under separate section 7 consultation." • "Avoidance of direct disturbance of suitable habitat would minimize project impacts on Canada lynx, and disturbance or displacement of animals would be extremely unlikely to occur. Therefore, we (Service) concur with your determination that the proposed action may affect, but is not likely to adversely affect Canada lynx, due to discountable effects." • "A suite of conservation measures designed to protect GBCT will be applied as part of the proposed action, including project setbacks from occupied streams, reclamation standards, erosion/sediment control measures and implementation monitoring, and measures to avoid take, entrapment, and entrainment of fish during water pumping activities (see Appendix A). In particular, no new surface disturbance will occur within 200 feet of GBCT occupied habitat, as measured from the normal high water mark, and maintenance of roads or other existing features within this zone will be limited to the existing road prism or footprints. To clarify, we (Service) understand surface disturbance to be any project - related disturbance resulting in direct and pronounced alteration, damage, removal, displacement, or mortality of vegetation, soil, or substrates, or similar effects. Also, BLM has committed to ensuring that adequate and proper erosion control measures are implemented and effective, such that adverse effects do not occur to GBCT and its habitat. An adverse effect is an effect occurring as a direct or indirect result of the proposed action or its interrelated or interdependent actions, where the effect is not discountable, insignificant, or wholly beneficial. Based on this information, we (Service) concur with your determination that the proposed action may affect, but is not likely to adversely affect greenback cutthroat trout, due to discountable and insignificant effects." • "This concludes section 7 consultation for the Bowie Resources (Bowie), LLC, Underground Coal Mining Associated Surface Activities and Facilities. As provided in 50 CFR §402.16, re- initiation of consultation is required if: 1) new information reveals effects of the agency action that may impact listed species or critical habitat in a manner or to an extent not previously considered, 2) the agency action is subsequently modified in a manner that causes an effect to the listed species or critical habitat not previously considered, or 3) a new species is listed or critical habitat designated that may be affected by the action. In addition, the Proposed Action section of this letter provides specific requirements for re- initiation of consultation, per the programmatic terms." Page 2