Section 7 Consultations and Role of Depletions Plan

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The federal action agency, consulting with the FWS and using information obtained from the proponent of the new water related activity, provides a project description of the proposed federal action, including an estimate of the amount, timing and location of the depletions to the Platte River that will be caused by the proposed activity. Box 6: Is the NWRA one for which DNR or an NRD requires permits? The State Department of Natural Resources will keep FWS informed as to what kinds of new surface water and ground water activities require DNR permits and, for each NRD with land area subject to this plan, what kind of new ground water related activities require permits from that NRD. FWS will coordinate with DNR in the event of questions about answers to this question for particular types of new water related activities. If the answer to the question is yes, go to Box 8. If the answer is no, go to Box 7. Box 7: Is the NWRA of another type for which offsets are provided by the NE Depletion Plan? The Nebraska depletion plan provides for state offset of some new water related activities for which permits are not required from either DNR ar an NRD. If the answer to the question is yes, go to Box 8. If the answer is no, go to Box 9. Box 8: FWS and federal action agency have streamlined consultation regarding depletions covered by the NE Depletion Plan; NDP to serve as RPA for NWRA to that extent. The Nebraska Depletion Plan provides ESA coverage for all depletions caused by new ground water activities and such coverage for most depletions caused by new surface water activities (see the plan for details). Except for any depletions that are caused by a new surface water activity but are not covered by the Nebraska Depletion Plan, the measures required by that plan will serve as the reasonable and prudent alternative for depletions caused by a proposed new water related activity. Box 9: NE Depletion Plan modified to provide offsets (GC approval required). If the answer to the question in Box 7 is no, the Program Document allows for GC approval of changes in any state's depletion plan for the purpose of broadening ESA coverage under that plan. FWS and state concurrence on any such proposed amendment to the Nebraska Depletion Plan will be required before GC action is requested. If the Nebraska Depletion Plan is not modified to allow ESA coverage of the new water related activity involved, go to Box 10. If such modification is approved by the GC, go to Box 8. Box 10: FWS and federal action agency develop RPA for NWRA. This box will apply only when the Nebraska new depletion plan will play no role in the development of reasonable and prudent alternatives for the proposed new water related activity. When the RPA has been developed in that situation, go to Box 13. 2