Laserfiche WebLink
Page 6 <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 BLM's proposed 2009 Projects are consistent with the Tier 1 PBO <br />for effects to listed species and critical habitat addressed in the Tier 1 PBO. After reviewing <br />site specific information, including: 1) the scope of the Federal Action, 2) the environmental <br />baseline, 3) the status of the whooping crane, interior least tern, piping plover, pallid sturgeon, <br />and the western prairie fringed orchid in the central and lower Platte River and their potential <br />occurrence within the project area, as well as whooping crane critical habitat, 4) the effects of <br />the Project, and 5) any cumulative effects, it is the Service's biological opinion that the <br />Project, as described, is not likely to jeopardize the continued existence of the federally <br />endangered whooping crane, interior least tern, and pallid sturgeon, or the federally threatened <br />northern Great Plains population of the piping plover, or western prairie fringed orchid in the <br />central and lower Platte River. The Federal Action is also not likely to destroy or adversely <br />modify designated critical habitat for the whooping crane. <br />INCIDENTAL TAKE STATEMENT <br />Section 9 of ESA and federal regulations pursuant to section 4(d) of ESA prohibit the take of <br />endangered and threatened species without special exemption. Take is defined as to harass, <br />