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avoid the likelihood of jeopardy and/or adverse modification of critical habitat for depletion <br />impacts. The Yampa River PBO states that in order for actions to fall within the umbrella of the <br />PBO and rely on the RIPRAP to offset its depletion, the following criteria must be met. <br />1. A Recovery Agreement must be offered and signed prior to conclusion of section 7 <br />consultation. <br />A fee to fund recovery actions will be submitted as described in the proposed action <br />new depletion projects greater than 100 acre - feet/year. The 2013 fee is $19.82 per <br />acre -foot 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 signed by the Service and the Water User. In the letter dated <br />June 6, 2013, Trapper Mine Inc. agreed to make a one -time contribution based on its share of the <br />costs of the Recovery Implementation Program to fund recovery actions specified in the <br />Colorado River PBO. The OSM has agreed to condition its approval documents to retain <br />jurisdiction should section 7 consultation need to be reinitiated. Therefore, the Service <br />concludes that the subject project meets the criteria to rely on the RIPRAP to offset depletion <br />impacts and is not likely to jeopardize the continued existence of the species and is not likely to <br />destroy or adversely modify designated critical habitat. <br />The reinitiation criteria for the Yampa River PBO apply to all projects under the umbrella of the <br />PBO. For your information the reinitiation notice from the Yampa River PBO is presented <br />below. <br />REINITIATION NOTICE <br />This concludes formal consultation on the subject action. The Recovery Action Plan is an <br />adaptive management plan because additional information, changing priorities, and the <br />development of the States' entitlement may require modification of the Recovery Action Plan. <br />Therefore, the Recovery Action Plan is reviewed annually and updated and changed when <br />necessary and the required time frames include changes in timing approved by means of the <br />normal procedures of the Recovery Program, as explained in the description of the proposed <br />action. Every 2 years, for the life of the Recovery Program, the Service and Recovery Program <br />will review implementation of the Recovery Action Plan actions that are included in this BO to <br />determine timely compliance with applicable schedules. As provided in 50 CFR section 402.16, <br />reinitiation of formal consultation is required for new projects where discretionary Federal <br />Agency involvement or control over the action has been retained (or is authorized by law) and <br />under the following conditions: <br />2 <br />