Colorado's Plan for Future Depletions (3)

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being Tier 1 and all subsequent site-specific project analyses constituting Tier 2 consultations covered by the PBO. Under this tiered consultation process, the Service will produce tiered ? biological opinions when it is determined that future federal actions are "(ikely to adversely affect" federally listed species and/or designated critical habitat in the PRRIP action area and the project is covered by the PBO. If necessary, the biological opinions will also consider potential effects to other listed species and critical habitat affected by the federal action that were not within the scope of the Tier 1 PBO (e.g., direct or indirect effects to listed species occurring outside of the PRRIP action area). Although the water depletive effects of this Federal Action to central and lower Platte River species have been addressed in the PBO, when "no effect", or "may affect" but "not likely to adversely affect" determinations are made on a site-specific basis, the Service will review these determinations and provide written concurrence where appropriate. Upon receipt of written concurrence, section 7(a)(2) consultation will be considered completed for those federal actions. Water-related activities requiring federal approval will be reviewed by the Service to determine if (1) those activities comply with the definition of existing water-related activities andlor (2) proposed new water-related activities are covered by the applicable state's or the federal depletions plan. The Service has determined that the [Project Name] meets the above criteria and, therefore, this Tier 2 biological opinion regarding the effects of [Project Name] on the target species, whooping crane critical habitat, western prairie fringed orchid, and bald eagle in the central and lower Platte River can tier from the June 16, 2006 PBO. II. Consultation History ? Table II-1 of the PBO (pages 21-23) contains a list of species and critical habitat in the action area, their status, and the Service's determination of the effects of the Federal Action analyzed in the PBO. The Service determined in the Tier 1 PBO that the Federal Action, including the continued operation of existing and certain new water-related activities, may adversely affect but would not likely jeopardize the continued existence of the federally endangered whooping crane, interior least tern, and pallid sturgeon, or the federally threatened northern Great Plains population of the piping plover, western prairie fringed orchid, and bald eagle in the central and lower Platte River. Further, the Service determined that the Federal Action, including the continued operation of existing and certain new water-related activities, was not likely to destroy or adversely modify designated critical habitat for the whooping crane. . The Service also determined that the PBO Federal Action would have no effect to the 'endangered Eskimo curlew. There has not been a confirmed sighting since 1926 and this species is believed to be extirpated in Nebraska. Lastly, the Service determined that the PBO Federal Action, including the continued operation of existing and certain new water-related activities, was not likely to adversely affect the endangered American burying beetle. The effects of the continued operation of existing and certain new water-related activities on the remaining species and critical habitats listed in Table II-1 of the PBO were beyond the scope of C October 24, 2006 Colorado Depletions Plart 22