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. NT OF th' <br />F� <br />United States Department of the Interior <br />FISH AND WILDLIFE SERVICE <br />�'4Ac s . Ecological Services <br />Colorado Field Office <br />P.O. Box 25486, DFC (65412) <br />Denver, Colorado 80225-0486 <br />IN REPLY REFER TO: <br />ES/CO: T&E/PMJM/other <br />65412 -2009 -TA -0008 <br />OCT 2 8 2008 <br />Rob Laird <br />Asphalt Specialties Company <br />101000 Dallas Street <br />Henderson, Colorado 80540 <br />Dear Mr. Laird: <br />We are responding to your letter of September 30, 2008, requesting site disqualification <br />under the authority conferred to the U.S. Fish and Wildlife Service (Service) by the <br />Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.) and Migratory <br />Bird Treaty Act of 1918 (MBTA), as amended (16 U.S.C. 703 et. seq.). The Service has <br />reviewed the Preble's meadow jumping mouse, Zapus hudsonius preblei (Preble's), habitat <br />assessment report by Pete Davis for the Chavers Mining Resource Property (Section 18, <br />Township 1 North, Range 68 West) in Weld County, Colorado. <br />The area to be mined currently supports a horse pasture and is sparsely vegetated. While the <br />site is adjacent to the South Platte River corridor, Preble's have not been documented at or <br />near the site. Based on the information provided, the Service finds the report acceptable and <br />agrees that a population of Preble's is not likely to be present within the subject area. The <br />Service concludes that the proposed project on this site should not have direct adverse effects <br />on Preble's, Preble's habitat, or other federally -listed species. Thus, this site is disqualified <br />for consideration under provisions of the ESA. <br />Please note that this ESA clearance is valid for one year from the date of this letter. Should <br />additional information regarding listed or proposed species become available, this <br />determination may be reconsidered under the ESA. If the proposed project has not <br />commenced within one year, please contact the Colorado Field Office to request a clearance <br />extension. <br />Mr. Davis commented on lack of observed raptor nests during his April 2008 site visit. <br />However, we note that several large cottonwood trees will be removed from the site during <br />the mining operation and mining will occur relatively near the wooded riparian corridor of <br />the South Platte River. Under the MBTA,construction activities in grassland, wetland, and <br />woodland habitats that would otherwise result in the taking of migratory birds, eggs, young, <br />