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• since there have been not sightings of prairie dog populations near or on the Trapper Mine <br />mining area, mining activities will not affect the continued existence of the Black- footed <br />ferret <br />OSM submitted the BA that included the above mentioned determinations of effects to USFWS on <br />February 28, 2013. On March 22, 2013 the USFWS requested further information on the increased <br />annual water depletion. In response the Trapper Mining Inc. submitted a new water depletion <br />estimate for year 2013 to the State which increased the annual water depletion from 150.20 to <br />160.10. The USFWS then sent a letter on April 5, 2013 which stated that Trapper Mining Inc. had to <br />comply with the Recovery Implementation Recovery Action Plan discussed in detail within the final <br />programmatic biological opinion on the Management Plan for Endangered Fishes in the Yampa <br />River Basin, in which a one -time fee of $3173.18 be made payable to the National Fish and Wildlife <br />Foundation. Trapper Mining Inc. promptly complied, paying the fee on May 9, 2013. The USFWS <br />also required Trapper Mining Inc. to sign a recovery agreement of which Trapper Mining Inc. signed <br />on May 8, 2013. To complete the USFWS requirements, OSM wrote a letter, on June 3, 2013, to the <br />USFWS stating that OSM intends to retain discretionally Federal authority for the Trapper Mining <br />Inc. in case re- initiation of section 7 consultation is required. On June 21, 2013 the USFWS issued <br />their Biological Opinion (BO) concurrence letter (enclosed), which concurred with OSM's BA. <br />In the event(s) that new information becomes available, if a new species becomes listed, if an <br />incidental take occurs, if the total average annual amount of water depleted by this project changes, <br />or if any other project elements changes, which alters the operation of the project from that which is <br />described in the OSM correspondence and which may affect any endangered or threatened species in <br />a manner or to an extent not considered in the attached BO, formal section 7 consultation should be <br />reinitiated. <br />If you have any questions with regard to this section 7 consultation, please contact me at (303) 293- <br />5078. <br />Sincerely, <br />Nicole Caveny <br />Environmental Protection Specialist <br />Enclosure: USFWS BO dated June 21, 2013 <br />Signed Recovery Agreement <br />