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I I I I I I I I I I I I I I I I I I I ES ENGINEERING-SCIENCE include the whooping crane, bald eagle, interior least tern, and piping plover. Potential impacts consider depletion of instream flows as well as effects on wet meadows (a wetland type) and riparian woodlands associated with the river's floodplain in the same area The FWS considers that depletions resulting from higher reservoir evaporation rates and higher consumptive loss rates associated with different water uses are factors that may jeopardize these species. Streamflow depletion effects on T/E species in Nebraska became a substantial issue during the FWS review of the proposed Fox Hollow at Lakewood Golf Course and its water supply system. The issue was resolved by agreement among the Corps, City and FWS. It is anticipated that this issue would reappear in FWS reviews of a future EA or Section 404 individual permit application for additional water storage not associated with the golf course water supply. The City, the Corps, and the FWS recently reached agreement that acceptable mitigation for the golf course water would consist of two commitments by the City. First, the City would lease 96 acre feet of water each year from the Riverside Irrigation District and such water would be released to the South Platte River near the Colorado/Nebraska state line each year during the non-irrigation season for the life of the golf course. Second, the City committed to making an annual contribution of $1,000 to the National Wildlife Foundation to support research and habitat development activities associated with the T /E species. Project review comments can be offered under the FWS's authority to administer provisions of the Endangered Species Act. Under Section 7 of that act, the FWS may request formal consultation with the Corps (as the permitting agency) to determine potential T/E species impacts and to identify mitigation measures that would avoid jeopardizing the continued existence of these species. Project sponsor(s) would be required to prepare or provide information to prepare a biological assessment, which is considered by the FWS as part of their evaluation process. Agency Coordination Corps decisions that potentially affect wetlands require coordination with EP A, FWS, and CDOW at several points in the permitting process. The EPA has discretionary approval authority for Section 404 permit decisions made by the Corps. Both the Corps and EPA routinely seek advice from the FWS and CDOW regarding Section 404 permit applications. FWS coordination for fish and wildlife resource issues (which includes wetlands) is authorized by the Fish and Wildlife Coordination Act, the Endangered Species Act, and several other statues. CDOW, as the primary state agency responsible for managing Colorado's fish and wildlife resources, is authorized under the same statues to review and comment on projects that may affect these resources. -16- 816-3-3