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Memorandum: April 27 2009 Formal Section 7 Consultation for 2009 Projects
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Memorandum: April 27 2009 Formal Section 7 Consultation for 2009 Projects
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Memorandum: April 27 2009 Formal Section 7 Consultation for 2009 Projects
State
CO
Date
4/27/2009
Author
Linner, Susan
Title
Memorandum: April 27 2009 Formal Section 7 Consultation for 2009 Projects
Water Supply Pro - Doc Type
Board Memo
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Page 2 <br />the Platte River in Nebraska. The action area for the PBO included the Platte River basin <br />upstream of the confluence with the Loup River in Nebraska, and the mainstem of the Platte <br />River downstream of the Loup River confluence. <br />The Federal Action addressed by the PBO included the following: <br />1) funding and implementation of the PRRIP for 13 years, the anticipated first stage of <br />the PRRIP; and <br />2) continued operation of existing and certain new water - related activities including, <br />but not limited to, Reclamation and Service projects that are (or may become) <br />dependent on the PRRIP for ESA compliance during the first 13 -year stage of the <br />PIMP for their effects on the target species3, whooping crane critical habitat, and <br />other federally listed species that rely on central and lower Platte River habitats. <br />The PBO established a two - tiered consultation process for future federal actions on existing <br />and new water - related activities subject to section 7(a)(2) of the ESA, with issuance of the <br />PBO being Tier 1 and all subsequent site - specific project analyses constituting Tier 2 <br />consultations covered by the PBO. Under this tiered consultation process, the Service will <br />produce tiered biological opinions when it is determined that future federal actions are "likely <br />to adversely affect" federally listed species and /or designated critical habitat in the PRRIP <br />action area and the project is covered by the PBO. If necessary, the biological opinions will <br />also consider potential effects to other listed species and critical habitat affected by the federal <br />action that were not within the scope of the Tier 1 PBO (e.g., direct or indirect effects to listed <br />species occurring outside of the PRRIP action area). <br />Although the water depletive effects of this Federal Action to central and lower Platte River <br />species have been addressed in the PBO, when "no effect ", or "may affect" but "not likely to <br />adversely affect" determinations are made on a site - specific basis for the target species in <br />Nebraska, the Service will review these determinations and provide written concurrence <br />where appropriate. Upon receipt of written concurrence, section 7(a)(2) consultation will be <br />considered completed for those federal actions. <br />affect flow quantity or timing. <br />2 "Existing water related activities" include surface water or hydrologically connected groundwater activities <br />implemented on or before July 1, 1997. "New water - related activities" include new surface water or <br />hydrologically connected groundwater activities including both new projects and expansion of existing projects, <br />both those subject to and not subject to section 7(a)(2) of the ESA, which may affect the quantity or timing of <br />water reaching the associated habitats and which are implemented after July 1, 1997. <br />3 The "target species" are the endangered whooping crane (Grus americana), the interior least tern (Sternula <br />antillarum), the pallid sturgeon (Scaphirynchus albus), and the threatened northern Great Plains population of <br />the piping plover (Charadrius melodus). <br />4 Other listed species present in the central and lower Platte River include the western prairie fringed orchid <br />(Platanthera praeclara), American burying beetle (Nicrophorus americanus), and Eskimo curlew (Numenius <br />borealis). <br />
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