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an additional depletion of 2.6 acre-feet; therefore, the new depletion is 554.48 -130.03 = 424.45 acre-feet. The new one-time payment is calculated by multiplying the project's average annual new depletion (424.45 acre-feet) by the water users share of Recovery Program costs (the charge) in effect at the time payment is made. For Fiscal Year 2007 (October 1, 2006, to September 30, 2007), the charge is $] 7.24 per acre-foot for the average annual depletion which equals a total contribution of $7,317.52 for this project's share of the Recovery Program costs. This amounf will be adjusted annually for inflation on October 1 of each year based on the Consumer Price Index. Ten percent of the total contribution ($7,317.52), or total payment, will be provided to the Service's designated agent, the National Fish and Wildlife Foundation, at the time of issuance of the Federal approvals from the OSM. The balance will be due at the time the construction commences. The payment will be included by the OSM as a permiC stipulation. , The funds will be used for acquisition of water rights (or directly-related activities) to meet the instreatn flow needs of the endangered fishes; or to support other recovery activities for the endangered fishes described in the RIPRAP. All payments should be made to the Foundation. National Fish and Wildlife Foundation 28 Second Street, 6`h Floor San Francisco, California 94105 Each payment should be accompanied by a cover letter that identiftes the project and biological opinion mm~ber (ES/GJ-6-CO-04-F-012-YP016), the amount of the payment enclosed, and the check number. A copy of the cover letter and a copy of the payment check should be sent to the Service office issuing this biological opinion. The cover letter should identify the name and address of the payor, the name and address of the Federal agency responsible for authorizing the project (OSM), and the address of the Service office conducting the section 7 consultation. This information will be used by the Foundation to notify the payor, the lead Federal agency, and the Service that payment has been received. The Foundation is to send notices of receipt to these entities within 5 working days of its receipt of payment. 4. The Service requests that the OSM retain discretionary Federal authority for the subject project in case re-initiation of section 7 consultation is required. The OSM should return the Recovery Agreement signed by the applicant, and provide a letter from the applicant stating that they agree to make the subject payment within the time frames outlined above. The OSM should also provide a statement that they intend to retain discretionary Federal authority for the subject project in case re-initiation of section 7 consultation is required. These documents should be sent to the following address. Attn: Larry Thompson U. S. Fish and Wildlife Service Ecological Services 764 Horizon Drive, Building B Grand Junction, Colorado 81506 When the Service receives the signed Recovery Agreement and any other required documentation, the Service will provide the OSM with documentation that the project may rely on the RIPRAP to offset its impacts as described in the Yampa River PBO.