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WILDLIFE RESOURCES ASSESSMENT <br /> MORTON LAKES PROPERTY <br /> WELD COUNTY,COLORADO <br /> On July 10, 2008 (73 FR 39790)the Service removed Preble's populations in <br /> Wyoming from the list of species protected under the ESA. The Service also amended <br /> the listing for Preble's to indicate the subspecies remains threatened in the Colorado <br /> portion of its range. Thus, Preble's remains protected in Colorado. <br /> Potential Habitat and Possible Effects <br /> The project area was assessed for potential Preble's habitat. Current guidelines call <br /> for a 300-foot setback from the 100-year floodplain on drainages that are potential <br /> Preble's habitat. All projects within the 300-foot setback require that either a habitat <br /> assessment or presence-absence survey of the site documenting the absence of Preble's <br /> and/or suitable habitat be submitted to the Service for its approval. <br /> Suitable habitat for Preble's does occur within the project area in the pasture <br /> southeast of Big Dry Creek; however, several trapping surveys have been conducted <br /> within 1 mile upstream and downstream of the project area on both Big Dry Creek and <br /> the South Platte River with no Preble's found (ERO 2004; Service 2005). The project <br /> area is also isolated from any known Preble's populations,with the closest population <br /> more than 15 miles downstream along the South Platte River trapped by Savage and <br /> Savage in 2001 (Service 2005). These previous trapping surveys indicate it is unlikely <br /> that the proposed project would adversely affect the continued existence of Preble's. <br /> State Endangered, Threatened, and Species of Concern <br /> Numerous species that potentially occur in Weld County are considered endangered, <br /> threatened, or species of concern by the State of Colorado(Table 2). According to <br /> Colorado law(Colo. Rev. Stat. Ann. §§ 33-2-102-106),the State must maintain a list of <br /> species determined to be endangered or threatened within the State. State-listed wildlife <br /> species that are not already protected under the ESA are protected under State Statute 33, <br /> which is regulated by the CDOW. <br /> None of the species listed in Tables I or 2 were observed on the subject property at <br /> the time the habitat survey was conducted by ERO. <br /> FRO <br /> 8 Resources <br /> Corporation <br />