ESA Consultations Involving the Platte

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crane critical habitat from such activities including avoidance of any prohibited take of such species. [Program, I.A.2 & footnote 2.]. The State of Colorado is in compliance with its obligations under the Program. For Federal actions and projects participating in the Program, the Platte River Recovery Implementation Program Final Environmental Impact Statement (FEIS) and the June 16, 2006 programmatic biological opinion (PBO) serve as the description of the environmental baseline and environmental consequences for the effects of the Federal actions on the listed target species, whooping crane critical habitat, and other listed species in the central and lower Platte River addressed in the PBO. These documents are hereby incorporated into this Biological Assessment by this reference. 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 PBO that the continued operation of existing and certain new water-related activities may adversely affect but would not likely jeopardize the continued existence of the endangered whooping crane, interior least tern, and pallid sturgeon, or the threatened northern Great Plains population of the piping plover. Further, the Service found that the continued operation of existing and certain new water-related activities may adversely affect but would not likely jeopardize the threatened bald eagle and western prairie fringed orchid associated with the central and lower reaches of the Platte River in Nebraska, and 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. INS .F.,RT APPF.ICABLE LANCfUAGE BE.LOW: The above-described Project operations qualify as an Aexisting water related activity@ because they reflect the effects of a surface water or hydrologically connected groundwater activity implemented on or before July 1,1997, within the intent and coverage of the Program. [Program, I.A. footnote 3]. -OR- The above-described Project operations qualify as a Anew water related activity@ because such operations constitute a new surface water or hydrologically connected groundwater activity which may affect the quantity or timing of water reaching the associated habitats of the target species implemented after July 1, 1997. [Program, I.A. footnote 3]. The Project conforms to the following criteria in Section H of Colorado=s Plan for Future Depletions [Program, Attachment 5, Section 9]: 9