Notes and Templates from PRRIP Meeting

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Oct. 17, 2006 3. If required by the State Coordinator, the Applicant has signed a Wyoming Recovery Agreement to document any mitigation requirements need to qualify as an existing water activity. -AND/OR- The above-described Project operations qualify as a"new water related activity" because such operations constitute new surface water or hydrologically connected groundwater activities 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 new water related activity conforms to the criteria in Section II of Chapters 2 or 3 of Wyoming's Depletions Plan and: The new water related activity is operated on behalf of Wyoming water users; 2. The new water related activity can be completed without exceeding an existing water related baseline or benchmark as described in Wyoming's Depletions Plan or the Applicant has requested, and the State of Wyoming has agreed, that the depletions resulting from the new water related activity will be mitigated with water from the Wyoming Water Bank; and 3. The Applicant has signed a Wyoming Recovery Agreement with the Wyoming State Coordinator to document the requirements to qualify for the status described in 2. above. [Note: It is understood that a Project may include existing and new water related activities. In these situations, the activities within the Project must be categorizPd as "existing" or "new" and biological assessment will address both categories.] Accordingly, the impacts of this activity to the target species, whooping crane critical habitat, and other listed species in the central and lower Platte River addressed in the PBO are covered and offset by operation of Wyoming's Depletions Plan as part of the PRRIP. The Applicant intends to rely on the provisions of the Program to provide ESA compliance for potential impacts to the target species and whooping crane critical habitat. Toward this end, the [Federal Agency] is forwarding with this letter a Platte River Recovery Agreement signed by the Applicant for signature by the Service. [Template Recovery Agreement is attached]. The [Federal Agency] intends to require, as a condition of any approval, that tlie Applicant fulfill the responsibilities required of Program participants in Wyoming. The [Federal Agency] also intends to retain discretionary Federal authority for the Project, consistent with applicable regulations and Program provisions, in case reinitiation of Section 7 consultation is required. This letter addresses consultation on a11 listed species and designated critical habitat, including the referenced Platte River target species and whooping crane critical habitat. Potential impacts from construction and operation of the Project to any other federally-listed threatened or endangered species and designated critical habitats will be addressed within the applicable biological opinion 3