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---- .. .f CDM Camp Dresser & McKee Inc. T. Crumpton (212198) Page Number 2 Several questions were raised by the Board members. Mr. Jaynes asked what measures would be considered perpetual in nature or could be applied retroactively by federal agencies in the future. Mr. Jamieson responded that the Final Biological Opinion (BO) represents a perpetual commit- ment, because the District is required to reconsult when certain depletion thresholds have been reached. Steve LaBonde mentioned that an update survey of the Southwestern Willow Flycatcher will also be required prior to construction. If the birds are found, avoidance of their habitat will be required for specific periods during construction. If an endangered species listing were to occur on the project after construction, there should not be any major concern by the USFWS because the project is complete (construction impacts are the main concern). Mr. Bertuzzi asked about the need for additional consultations for the project, particularly during construction. Steve Jamieson indicated that the BO represents the consultation for this project and addresses construction impacts. The future consultation referred to will focus primarily on impacts to the endangered fish and associated depletion impacts since this is the focus of the jeopardy opinion in the current BO. The District Manager added that new species listing under the Endangered Species Act gives the USFWS power to reconsult, but the State is proactive in addressing species concerns and minimizing the potential for listing. This is why the District's continued participation in the Recovery Program is important. Carl Houck explained the conditions associated with the future consultations required in the BO. Once the "Make Up" flow requirements in the 15 mile reach approach an additional 3000 AF threshold, reconsultation is required. USFWS has agreed to this unless there are changed conditions or new information is brought to light (such as a new species listing). The District Manager indicated that the USFWS has indicated in the BO that reconsultation will occur as soon as the programmatic biological opinion for the 15 mile reach is complete. They have also provided assurances that reconsultation for the Plateau Creek Project will be expedited. Steve Jamieson concluded with a summary of the FEIS schedule. Target date for publication in the Federal Register is January 30, 1998. There will be a 30 public availability period after which the Record of Decision (ROD) will be issued. After the ROD is issued (early March), it will be followed by a 30 day appeal period during which anyone can appeal to the State Director of the BLM or to the Interior Board of Land Appeals to try and delay or stop the approval process. Following the appeal period (early April), the BLM will issue the right-of-way grant provided there are no appeals. An appeal is anticipated. Technically, design on the pipeline can begin as soon as the Record of Decision is issued. BLM Coordination Meeting (January 15. 1997) Representatives of CDM, WWE, GEl, BLM, and Ute Water were represented at the meeting. A list of approximately 20 outstanding FEIS issues were reviewed and discussed during the meeting. Most of these were relatively minor editorial items and all were resolved to the satisfaction of the 0:\804 7-11O\MO-RPnPRO 198.MEM COM Camp Dresser & McKee