Memorandum: April 27 2009 Formal Section 7 Consultation for 2009 Projects

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Page 4 Platte River in Nebraska. We also concur with your determination of "likely to adversely affect" for designated whooping crane critical habitat in Nebraska. We concur with your determinations of "not likely to adversely affect" for the endangered American burying beetle, and "no effect" for the endangered Eskimo curlew. SCOPE OF THE TIER 2 BIOLOGICAL OPINION The proposed Project is a component of "the continued operation of existing and certain new water - related activities" needing a federal action evaluated in the Tier 1 PBO, and flow - related effects of the Federal Action are consistent with the scope and the determination of effects in the June 16, 2006 PBO. Because the BLM has elected to participate in the PRRIP, ESA compliance for flow - related effects to federally listed endangered and threatened species and designated critical habitat from the Project is provided to the extent described in the Tier I PBO. This biological opinion applies to the Project's effects to listed endangered and threatened species and designated critical habitat as described in the PBO for the first thirteen years of the PRRIP (i.e., the anticipated duration of the first PRRIP increment). DESCRIPTION OF THE FEDERAL ACTION The Federal 'Action is BLM's operation of four water projects, all of which would provide water predominantly for livestock, and then wildlife, which is defined by the PRRIP as being incidental to agriculture. The two pond cleanouts, E. Walden Reservoir #2 and Pit Reservoir — East in the North Platte Basin, are existing Federal water- related activities and are automatically covered by the PRRIP without further measures required. The proposed Ironclad Spring development, an undeveloped seep, and the Stolns Well are new projects also located in the North Platte Basin in Jackson County; they are covered under the North Platte portion of the Colorado Plan for Future Depletions in the PRRIP by virtue of being incidental to agricultural water use in Jackson County. The specific mechanisms and limitations of this coverage for new, Federal water- related activities in Jackson County will be included in a Memorandum of Agreement (MOA) between the Service and the State of Colorado, to be finalized in the coming months; meanwhile, the attached letter from the State of Colorado provides interim coverage for BLM's two new Jackson County projects under the Colorado Plan for Future Depletions through December 1, 2009. In a second MOA, which is currently being developed between the Service and several Federal agencies such as BLM that anticipate new Federal water - related activities under the Colorado Plan during the PRRIP's first increment, the BLM has committed to providing funds to the Service for their share of anticipated Federal depletions. The Service anticipates finalizing this second MOA in 2009.