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ax -~ ""' ~"'"` UNITED STATES DEPARTMENT OF THE INTERIOR '~ FISH AND WILDLIFE SERVICE FISH AND WH.DLffE ENHANCEMENT . ~ Wenem Colorado Sub-0ffice 529 25~h Road, Suite B-113 "~^'P Grand Junction, CO SISOSfi 199 PHONE: (303) 243-2778 FAX: (303) 245fi933 BJ REPLY REFER TO: FWE/CO:OSM MS 65412 GJ December 10, 1992 Brian P. Dunfee Manager Environmental Studies Peabody Western Coal Company 1300 South Yale Street Flagstaff, Arizona 86001 Dear Mr. Dunfee: RECEIilE~ DEC 171992 DIVISION OF MINERALS & GEOLOGY This responds to your November 12, 1992, letter requesting a review of the coal load-out facility near Hayden, Colorado. Mr. Bob Leachman discussed this activity with you on November 18, 1992, and learned that re-permitting the load-out facility will not require new surface disturbance, roads, or power lines. The load-out facility is being re- permitted to allow marketing of coal from the Seneca II and Seneca IIw mines also owned by Peabody Western Coal Company. It appears that federally listed species may occur within the area of influence of the coal load-out facility. FEDERALLY LISTED SPECIES Colorado squawfish Ptvchocheilus Lucius Humpback chub Gila cvoha Bonytail chub Gila el eaans Razorback sucker Xyrauchen texanus Bald eagle Haliaeetus leucoceohalus Whooping crane Grus americans The Fish and Wildlife Service believes that major causes for the decline of the Colorado squawfish, humpback chub, bonytail chub, and razorback sucker, include the effect of impoundments and associated water depletion from the Colorado River and its tributaries. Consequently, the water use for all activities associated with the project should be identified, and evaluated to determine whether such a depletion will occur. Any individual or combination of water uses associated with re-permitting the load-out facility causing a net depletion of water from the upper Colorado River basin will be considered by the Service as a negative impact to the federally listed fish. With such a finding, the Service will expect the Office of Surface Mining to conclude "may affect" to these fish species, and request formal consultation with this office, as required by the Endangered Species Act. Your calculation of the net depletion should consider the entire life of the project, and be reported as the average annual depletion in acre-feet. Bald eagles are common winter visitors to Colorado. Statewide midwinter counts by the Colorado Division of Wildlife in 1990 documented 589 bald eagles at various rivers and reservoirs throughout the state. Midwinter counts in the northwest region of Colorado in