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Page 2 <br />2. Migratory birds and eagles; and <br />3. State species of special concern in Colorado. <br />We prepare these comments under the authority of the Endangered Species Act of 1973 (ESA), <br />as amended (16 U.S.C. 1531 et seq.) and the Migratory Bird Treaty Act of 1918 (MBTA), as <br />amended (16 U.S.C. 703 et seq.), and the Bald and Golden Eagle Protection Act of 1940 <br />(BGEPA), as amended (16 U.S.C. 668 et seq.). Additionally, we consider floodplains under <br />Executive Order 11988 (May 1, 1977), which requires Federal agencies to avoid to the extent <br />possible the long and short-term adverse impacts associated with the occupancy and modification <br />of floodplains, and to avoid direct and indirect support of floodplain development wherever there <br />is a practicable alternative. <br />1. Federally Threatened and Endangered Species: <br />As explained below, based on the information that you provided, we agree with your <br />determination that the proposed project is not likely to adversely affect the Preble's. Because <br />you only requested concurrence for the Preble's, this letter does not evaluate or provide <br />concurrence for other federally listed species, including species and critical habitats potentially <br />affected by water depletions that occur along the Platte River in Nebraska. <br />Determination for the Preble's: <br />Based on the information that you provided, the Service agrees with your determination that the <br />proposed project is not likely to adversely affect the Preble's. We base this determination largely <br />on the following: <br />• Due to the lack of Preble's riparian or upland habitats within the proposed project area, <br />the lack of Preble's captures within 2.0 miles, and the proposed project's avoidance of <br />potentially suitable Preble's habitats along the South Platte River, potential effects to the <br />Preble's are extremely unlikely to occur, or are discountable. <br />Should project plans change, or if the distribution of federally listed species changes, the Service <br />may reconsider this determination. Please contact the Service if new information suggests that <br />the proposed project may impact listed or proposed species in a manner or to an extent not <br />previously considered as additional consultation under the ESA may be required. <br />Because species distributions and habitat conditions change over time, often within one growing <br />season, this clearance is valid for one year from the date of this letter. If work has not <br />commenced within one year, please contact our office at the above letterhead address to request <br />an extension and reference TAILS project code 06E24000 -2016 -TA -0004. <br />Platte River Species in Nebraska and Water Depletions in Colorado: <br />After mining, you propose to convert the mine pit to a water storage reservoir. You did not <br />provide information or request concurrence on the proposed project's potential effects to <br />federally listed species or designated critical habitats along the Platte River in Nebraska. Based <br />on the information that you provided, we are unable to provide technical assistance regarding <br />