Colorado's Plan for Future Depletions (3)

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Exhibit B ? , Oct. 20, 2006 TEMPLATE BIOLOGICAL ASSESSMENT & REQUEST FOR FORMAL SECTION 7 CONSULTATION [DATE] [FROM FEDERAL ACTION AGENCY TO U.S. FISH & WILDLIFE SERVICE] This letter contains the Biological Assessment addressing potential impacts from operation of the [Project] on federally-listed species in Nebraska. With this submission, we are requesting initiation of Formal Consultation under Section 7(a) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)("ESA"), concerning the whooping crane (Grzrs americana), interior least tern (Sternula antillarum), northern Great Plains population of the piping plover (Charadrius melodus), pallid sturgeon (Scaphirhynchus albzts) (collectively referred to as the "target species"), and designated critical habitat of the whooping crane. We further request initiation of Formal Consultation for the bald eagle (Haliaeetus leucocephalus) and western prairie fringed orchid (Platanthera praeclara) [include other ilon-target listed species or critical habitats, as needed]. We have determined that the Project is not likely to adversely affect the American burying beetle (Nicrophorus americanus) and will have no effect on the Eskimo curlew (Numenius borealis). [Briefly describe: (1) Project; (2) Applicant; (3) Project location; and (4) Federal action (e.g., perniit or authorization) associated the Project.] Operation of this Project will result in approximately _ acre-feet of [chovse: existing, iiew, or a combination of botll existing and new] depletions to the South Platte River on an average annual basis. The source of water for the Project is [specify water riglits, water uses, aiid source of supply]. The Platte River Recovery Implementation Program (PRRIP), established in 2006, is implementing actions designed to assist in the conservation and recovery of the target species and their associated habitats along the central and lower Platte River in Nebraska through a basin-wide cooperative approach agreed to by the States of Colorado, Nebraska, and Wyoming and the U.S. Department of the Interior [Program, I.A.1.]. The Program addresses the adverse impacts of existing and certain new water related activities on the Platte target species and associated habitats, and provides ESA complianee15 for effects to the target species and 15 "ESA Compliance" means: (1) serving as the reasonable and prudent alternative to offset the effects of water- related activities that FWS found were likely to cause jeopardy to one or more of the target species or to adversely modify critical habitat before the Program was in place; (2) providing offsetting measures to avoid the likelihood of jeopardy to one or more of the target species or adverse modification of critical habitat in the Platte River basin for new or existing water-related activities evaluated under the ESA after the Program was in place; and (3) avoiding ? any prohibited take of target species in the Platte River basin. October 24, 2006 Colorado Depletions Plan 14