2013-06-13_REVISION - C1981010 (3)

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subject project meets the following criteria, then it fits under the umbrella of the Yampa River PBO. The project depletes water from the Yampa River basin. 2. The applicant signs the attached Recovery Agreement and returns it to the Service. 3. The subject project will deplete 160.10 acre -feet of water. In order to rely on the Recovery Program to offset the subject depletions, the project sponsors are to make a one -time monetary contribution for water depletions greater than 100 acre -feet to help fund their share of the costs of recovery actions. The one -time payment is calculated by multiplying the project's average annual new depletion (160.10 acre -feet) by the water users share of Recovery Program costs (the charge) in effect at the time payment is made. For Fiscal Year 2013 (October 1, 2012, to September 30. 2013). the charge is $19.82 per acre -foot for the average annual depletion which equals a total contribution of $3,173.18 for this project's share of the Recovery Program costs. This amount will be adjusted annually for inflation on October 1 of each year based on the Consumer Price Index. Total payment, will be provided to the Service's designated agent, the National Fish and Wildlife Foundation (Foundation), at the time of issuance of the Federal approvals from the agency. The payment will be included by the agency as a permit stipulation. The funds will be used for acquisition of water rights (or directly- related activities) to meet the instream 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 Attn: Donna McNamara. Finance Department 1133 15th Street, NW. Suite 1100 Washington DC 20005 Each payment is to be accompanied by a cover letter that identifies the Project and Biological Opinion (BO) number F.S /GJ- 6- CO -04 -F- 012- YP041, that requires the payment. the amount of payment enclosed. check number, and any special conditions identified in the BO relative to disbursement or use of the funds (there are none in this instance). Also. please reference Upper Colorado Fish Recovery Program. NA. 1104 on each check submitted. A cop }, of the cover letter and of the check is to be sent directly to the Service field office that issued the BO. The cover letter shall identify the name and address of the payor. the name and address of the Federal Agency responsible for authorizing the Project, and the address of the Service office issuing the BO. 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 NN ithin 5 working days of its receipt of payment. 4. The Service requests that the Oftice of Surface Mining (OSM) retain discretionary Federal authority for the subject project in case reinitiation of section 7 consultation is required.