Notes and Templates from PRRIP Meeting

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The PBO established a two-tiered consultation process for future federal actions on existing and new water-related activities subject to section 7(a)(2) of the ESA, with issuance of the PBO 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 deternuned that future federal actions are "likely 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 acCion area). Although the water depletive effects of this Federal Action to central and lowet 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 and/or (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 Nanze] on the target species, whooping crane critical habitat, western prairie fringed orchid, and bald eagle in the central and lower Platte River can tier irom the June- 16, 2006 PBO. II. Consultation History Table II-1 of the PB0 (pages 21-23) contains a list of species and critical habitat in the action area, their status, and the Service's deternunation 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 2