of their nests. The incidental take statement allowed the Corps to issue a § 404 permit authorizing the project without violating the ESA, provided that the Corps ensure Canyon Club's compliance with a number of terms and conditions. These included the requirements that construction activities be completed within two years, that construction be regulated so that no activity would take place within 400 meters of a nest containing eagle chicks less than three weeks old, and that the effects of the project on the eagle nests be closely monitored by qualified biologists, both during construction and for five years after its completion.


17
In addition to its consultation role under the ESA, FWS also responded directly to the Corps' November 2001 public notice. In a comment letter dated December 20,adverse. The Corps thus concluded that the bendway weirs were "not likely to adversely affect the proper function of the Snake River and associated floodplain." Id. at 233.


26
In discussing the project's proposed mitigation activities, the Corps concluded that the establishment of the planned conservation easements would fully mitigate any adverse effects of the project on riparian areas adjacent to the Snake River. In addition, the Corps noted that wetland areas excavated during construction of the four ponds involved in the project would likely rejuvenate in shallow areas of the ponds, that the project would enhance fish habitat in Martin Creek, and that some wetlands in the project area had already been severely degraded by livestock grazing. The Corps did, however, require compensatory wetland creation at a ratio of