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United States Department of the Interior OFFICE OF SURFACE MINING I E%AMATION AND ENFORCEMENT r f# Western Region Office r% 1999 Broadway, Suite 3320 Denver, CO 80202 -3050 July 5, 2013 Sandy Brown, Senior Environmental Protection Specialist Department of Natural Resources Division of Reclamation, Mining, and Safety The Centennial Building 1313 Sherman St., Rm. 215 Denver, CO 80203 CO -0013 Rr.0 --- D JUL 10 2013 DMSION OF RECLAMATION MINING AND SAFETYy RE: Trapper Mine; C -1981 -010; Permit Renewal (RN6) Fish and Wildlife; Section 7 Consultation; Fish and Wildlife Biological Opinion Dear Ms. Sandy Brown: The Office of Surface Mining Reclamation and Enforcement's Western Region (OSM) conducted a section 7 biological assessment (BA) on the Trapper Mining Inc., Trapper Mine as requested by the Colorado Division of Reclamation, Mining, and Safety. OSM coordinated with the U.S. Fish and Wildlife Service (USFWS) for Federally listed protected species within Moffat County, Colorado. The concluding determinations of effects of Trapper Mining Inc., Trapper Mine RN6 proposed actions on Threatened and/or Endangered and/or their critical habitats were as follows: Bonytail chub (Gila elegans) due to the occurrence of Bonytail chub in the Yampa River, which the project area's annual water depletion of the Yampa River is estimated at 150.2 acre- feet/year, Trapper Mine Inc. mining activities may affect, is likely to adversely affect the Bonytail chub Humpback chub (Gila cypha) • due to the occurrence of Humpback chub in the Yampa River, which the project area's annual water depletion of the Yampa River is estimated at 150.2 acre - feet/year, Trapper Mine Inc. mining activities may affect, is likely to adversely affect the Humpback chub Colorado pikeminnow (Ptychocheilus lucius) • due to the possible occurrence of Colorado pikeminnow in the Yampa River, which the project area's annual water depletion of the Yampa River is estimated at 150.2 acre - feet/year, Trapper Mine Inc. mining activities may affect, is likely to adversely affect the Colorado pikeminnow Razorback sucker (Xyrauchen texanus)