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average water depletions for the proposed action would be 36 acre -feet per year (af /yr) to the <br />Yampa River. In 2007, Colowyo estimated that its mine operations were depleting <br />approximately 527 of /yr, which were addressed in our section 7 consultation at that time (TAILS <br />2006 -F- 0178). <br />A Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River <br />Basin was initiated on January 22, 1988. The Recovery Program was intended to be the <br />reasonable and prudent alternative for individual projects to avoid the likelihood of jeopardy to <br />the endangered fishes from impacts of depletions to the Upper Colorado River Basin. In order to <br />further define and clarify the process in the Recovery Program, a section 7 agreement was <br />implemented on October 15, 1993, by the Recovery Program participants. Incorporated into this <br />agreement is a Recovery Implementation Program Recovery Action Plan ( RIPRAP) which <br />identifies actions currently believed to be required to recover the endangered fishes in the most <br />expeditious manner. <br />On January 10, 2005, the Service issued a final programmatic biological opinion (PBO) on the <br />Management Plan for Endangered Fishes in the Yampa River Basin (this document is available <br />at htt : / /www.coloradoriveiTecover .or docurnQnts- ublications /section -7- consultation/ ain a- <br />river- pbo.html). The Service has determined that projects that fit under the umbrella of the <br />Yampa River PBO would avoid the likelihood of jeopardy and /or adverse modification of critical <br />habitat for depletion impacts. The Yampa River PBO states that in order for actions to fall <br />within the umbrella of the PBO and rely on the RIPRAP to offset its depletion, the following <br />criteria must be met. <br />1. A Recovery Agreement must be offered and signed prior to conclusion of section 7 <br />consultation. <br />2. A fee to fund recovery actions will be submitted as described in the proposed action <br />for new depletion projects greater than 100 of /yr. The FY2013 fee is $19.82 per acre -foot <br />and is adjusted each year for inflation. <br />3. Reinitiation stipulations will be included in all individual consultations under the <br />umbrella of this programmatic. <br />4. The Service and project proponents will request that discretionary Federal control be <br />retained for all consultations under this programmatic. <br />The Recovery Agreement was finalized by the Service and the Water User on March 3, 2007 (in <br />conjunction with the previous section 7 consultation for the mine). Because this project would <br />deplete less than 100 of /yr, no recovery fees are necessary. The Office of Surface Mining has <br />previously agreed to condition its approval documents to retain jurisdiction should section 7 <br />consultation need to be reinitiated. Therefore, the Service concludes that the subject project <br />meets the criteria to rely on the RIPRAP to offset depletion impacts and is not likely to <br />jeopardize the continued existence of the species and is not likely to destroy or adversely modify <br />designated critical habitat. <br />2 <br />