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<br />" <br /> <br />(b) to EPA: <br /> <br />u.s. Environmental Protection Agency, Region VII <br />901 North 5th Street <br />Kansas City, KS 66101 <br /> <br />(c) to State: <br /> <br />Nebraska Department of Environmental Quality <br />P.O. Box 98922 <br />Lincoln, NE 68509-8922 <br /> <br />d. Endangered Species Act <br /> <br />Prior to any construction activities on the Property associated with the flood control <br />project, the Grantee, at no expense to the Grantor, agrees to perform all of the following in order <br />to satisfy the requirements of the Endangered Species Act. <br /> <br />1. The portions of the flood control project on or within the former CHAAP, to include <br />the detention basins, will be designed to limit the amount of wetland habitat in order to either <br />avoid or minimize the occurrence of any resultant net flow depletion to the lower Platte River. <br /> <br />2. The design for portions of the flood control project on or within the former CHAAP, to <br />include the flood detention basins, will be submitted by the Grantee after development to the <br />U.S. Fish and Wildlife Service, hereinafter "Service," for review. <br /> <br />3. The water use calculator developed by the Natural Resources Conservation Service <br />(NRCS, 2001), along with other methods approved by the Service, will be utilized to determine <br />whether the project will result in a net flow depletion to the lower Platte River (i.e., in terms of <br />acre-feet of water depleted on an average annual basis during the months of February through <br />July). <br /> <br />4. If it is determined that the portions of the flood control project on or within the former <br />CHAAP project will result in a minor net annual flow depletion (25 acre-feet or less), <br />consultation must occur with the Service. <br /> <br />5. The effects of the portions of the flood control project on or within the former CHAAP, <br />to include the detention basins, on federally listed endangered species and designated critical <br />habitat will be offset by one of the conservation measures described in the Service's biological <br />opinion on federal agency actions that result in minor water depletions to the Platte River system <br />(USFWS, 2002 and 2003). <br /> <br />6. If the calculated amount of the net annual flow depletion is 25 acre-feet or less, the <br />conservation measure which allows for debiting a calculated depletion fee (at no cost to the <br />Grantee) from a special account that has been established with the National Fish and Wildlife <br />Foundation, must be considered and may be utilized. <br /> <br />7 <br />