ESA Consultations Involving the Platte

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jeopardize the continued existence of the four target species nor adversely modify designated critical habitat in Nebraska.5 Therefore, when an individual proj ect is `covered by the Program', this means its flow-related effects are considered already addressed under this 2006 programmatic biological opinion (PBO), including likely actions and effects evaluated in the Final Environmental Impact Statement (FEIS)6 . The often laborious process of developing a stand-alone biological opinion (BO) addressing the incremental effects associated with an individual project can be replaced, under this Program, by a much simpler boilerplate `tiered BO' confirming that the relevant water uses are covered. Projects in the South Platte River Basin For water-related activities in the South Platte River basin of Colarado which require a federal action (for example, a§404 permit) andlor involve federal monies, the project proponent needs to provide a biological assessment (BA) to the Service through the lead federal agency. For the downstream Platte target species in Nebraska, the two-page "Template Biological Assessment and Request far Formal Section 7 Consultation" should be used (Attachment A). Note that under this approach there is no requirement to quantify `existing' and `new' depletions associated with the project - historically, this has often been a labor-intensive step. However, there is a need to describe the water sources and water uses associated with the action. Questions regarding information needed for this BA may be directed to the Service or to the lead federal agency. Typically, the project proponent or water user will also need to provide a certificate of SPWRAP membership along with the BA during consultation. The South Platte Water Related Activities Program (SPWRAP) is a nonprofit corparation formed by Colorado water users to assist the State of Colorado in complying with its Program obligations (Attachment B). Funds provided by water users and SPWRAP members help support Colorado's participation in the Program. Colorado and SPWRAP have determined that for existing and new water related activities in the South Platte River basin of Colorado, including all of Larimer County, SPWRAP membership is required to rely on the Program for ESA compliance consistent with Colorado's Plan for Future Depletions.7 s The complete Programmatic Biological Opinion is available at www.platteriver.org/libraryBO/Platte_River_FBO(June16).pdf ° The Final EIS for the Platte River Recovery Implementation Program was published in May 2006, and may be accessed at www.platteriver.org/library/FEIS/Volume%201NolumelTOC.pdf I Colorado's Plan for Future Depletions (the "Colorado Plan") is available at www.platteriver.org/library/Program-Document-Dec-2005/Program.pdf as Attachment 5, Section 9. Note that some kinds of new water-related activities cannot be covered by the Colorado Plan, for example a major on-stream reservoir on the main stem of the South Platte River downstream of Denver, or new water supplies developed from native South Platte flows or wastewater exchange/reuse that collectively exceed 98,010 acre-feet during the February-July period. Membership in SPWRAP is not required for water- related activities conducted by Colorado State agencies. Water-related activities that are considered a