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an additional depletion of 2.6 acre -feet; therefore, the new depletion is 554.48 — 130.03 = 424.45 <br />acre -feet. The new one -time payment is calculated by multiplying the project's average annual <br />new depletion (424.45 acre -feet) by the water users share of Recovery Program costs (the <br />charge) in effect at the time payment is made. For Fiscal Year 2007 (October 1, 2006, to <br />September 30, 2007), the charge is $17.24 per acre -foot for the average annual depletion which <br />equals a total contribution of $7,317.52 for this project's share of the Recovery Program costs. <br />This amount will be adjusted annually for inflation on October 1 of each year based on the <br />Consumer Price Index. Ten percent of the total contribution ($7,317.52), or total payment, will <br />be provided to the Service's designated agent, the National Fish and Wildlife Foundation, at the <br />time of issuance of the Federal approvals from the OSM. The balance will be due at the time the <br />construction commences. The payment will be included by the OSM as a permit stipulation. <br />The funds will be used for acquisition of water rights (or directly- related activities) to meet the <br />instream flow needs of the endangered fishes; or to support other recovery activities for the <br />endangered fishes described in the RIPRAP. All payments should be made to the Foundation. <br />National Fish and Wildlife Foundation <br />28 Second Street, 6 Floor <br />San Francisco, California 94105 <br />Each payment should be accompanied by a cover letter that identifies the project and biological <br />opinion number (ES /GJ- 6- CO -04 -F- 012- YP016), the amount of the payment enclosed, and the <br />check number. A copy of the cover letter and a copy of the payment check should be sent to the <br />Service office issuing this biological opinion. The cover letter should identify the name and <br />address of the payor, the name and address of the Federal agency responsible for authorizing the <br />project (OSM), and the address of the Service office conducting the section 7 consultation. This <br />information will be used by the Foundation to notify the payor, the lead Federal agency, and the <br />Service that payment has been received. The Foundation is to send notices of receipt to these <br />entities within 5 working days of its receipt of payment. <br />4. The Service requests that the OSM retain discretionary Federal authority for the subject <br />project in case re- initiation of section 7 consultation is required. The OSM should return the <br />Recovery Agreement signed by the applicant, and provide a letter from the applicant stating that <br />they agree to make the subject payment within the time frames outlined above. The OSM should <br />also provide a statement that they intend to retain discretionary Federal authority for the subject <br />project in case re- initiation of section 7 consultation is required. These documents should be sent <br />to the following address. <br />Attn: Larry Thompson <br />U. S. Fish and Wildlife Service Ecological Services <br />764 Horizon Drive, Building B <br />Grand Junction, Colorado 81506 <br />When the Service receives the signed Recovery Agreement and any other required <br />documentation, the Service will provide the OSM with documentation that the project may rely <br />on the RIPRAP to offset its impacts as described in the Yampa River PBO. <br />3 <br />