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Page 7 <br />reservoir would be under essentially free river conditions. Of the 28 of of expanded storage <br />capacity, the 2.28 of would be allocated to the 80CW 194 augmentation plan obligations. <br />Since the only present obligation for the water stored is the 0.275 of per year of augmentation <br />required under 80CW194, once the reservoir is filled, diversions to storage would be <br />significantly less than the total capacity as there would be carry -over storage from prior years' <br />diversions. The District does not anticipate that there would be free river conditions every <br />year, or that free river conditions would be long enough when they do exist to keep the <br />reservoir full year -round to offset evaporation. <br />As both an existing and new water - related activity, we have determined that the flow - related . <br />adverse effects of the Project are consistent with those evaluated in the Tier 1 PBO for the <br />whooping crane, interior least tern, piping plover, pallid sturgeon, western prairie fringed <br />orchid, and whooping crane critical habitat, and these effects on flows are being addressed in <br />conformance with the Colorado Plan for Future Depletions of the PRRIP. <br />CUMULATIVE EFFECTS <br />Cumulative effects include the effects of future State, local, or private (non - federal) actions <br />that are reasonably certain to occur in the action area considered in this biological opinion. A <br />non - federal action is "reasonably certain" to occur if the action requires the approval of a <br />State or local resource or land- control agency, such agencies have approved the action, and <br />the project is ready to proceed. Other indicators which may also support such a "reasonably <br />certain to occur" determination include whether: a) the project sponsors provide assurance <br />that the action will proceed; b) contracting has been initiated; c) State or local planning <br />agencies indicate that grant of authority for the action is imminent; or d) where historic data <br />have demonstrated an established trend, that trend may be forecast into the future as <br />reasonably certain to occur. These indicators must show more than the possibility that the <br />non - federal project will occur; they must demonstrate with reasonable certainty that it will <br />occur. Future federal actions that are unrelated to the proposed action are not considered in <br />this section because they require separate consultation pursuant to section 7 of the Act and <br />would be consulted on at a later time. <br />Cumulative effects are described on pages 194 to 300 of the Tier 1 PBO, and are hereby <br />incorporated by reference. Since the Tier 1 PBO was issued, there have been no substantial <br />changes in the status of cumulative effects. <br />CONCLUSION <br />The Service concludes that the proposed Smelter Pipeline Reservoir Project is consistent with <br />the Tier 1 PBO for effects to listed species and critical habitat addressed in the Tier 1 PBO. <br />After reviewing site specific information, including: 1) the scope of the Federal Action, 2) the <br />environmental baseline, 3) the status of the whooping crane, interior least tern, piping plover, <br />pallid sturgeon, and the western prairie fringed orchid in the central and lower Platte River <br />