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. <br />2. The Project does not involve construction of a major on-stream reservoir located <br />on the mainstem of the South Platte River anywhere downstream of Denver, <br />Colorado; 3. The Project is not a hydropower diversion/return project diverting water including <br />sediments from the mainstem of the South Platte River anywhere downstream of <br />Denver and returning clear water to the South Platte River. <br />4. The Project does not cause the average annual water supply to serve Colorado's <br />population increase from "Wastewater Exchange/Reuse" and "Native South Platte <br />Flows" to exceed 98,010 acre feet during the February-July period. <br />Accordingly, the impacts of this activity to the target species, whooping crane <br />critical habitat, and other listed species in the central and lower Platte River <br />addressed in the PBO are covered and offset by operation of Colorado's Future <br />Depletions Plan as part of the PRRIP. <br />The Applicant intends to rely on the provisions of the Program to provide ESA <br />compliance for potential impacts to the target species and whooping crane critical habitat. <br />Toward this end, the [Federal Agency] is fbrwarding with this letter a Recovery Agreement <br />signed by the Applicant. [Template Recovery Agreement is attached]. The [Federal Agency] <br />intends to require, as a condition of any approval, that the Applicant fulfill the responsibilities <br />required of Program participants in Colorado, which includes participation in the South Flatte <br />Water Related Activities Program, Inc. (SPWRAP). The [Federal Agency] also intends to retain <br />discretionary Federal authority for the Project, consistent with applicable regulations and <br />Program provisions, in case reinitiation of Section 7 consultation is required. <br />This letter addresses consultation on all listed species and designated critical habitat, <br />including the referenced Platte River target species and whooping crane critical habitat. <br />Potential impacts from construction and operation of the Project to any other federally-listed <br />threatened or endangered species and designated critical habitats will be addressed within the <br />applicable biological opinion prepared by the Service, in accordance with the ESA. <br />/FROM FEDERAL ACTION AGENCY/ <br />3