2022-04-04_PERMIT FILE - M2022013 (33)

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Threatened and Endangered Species Habitat Assessment Two Rivers Parcels-Varra Companies Weld County, Colorado United States, ULTO is now rare (Service 1992). The species' known range is from Nevada to British Columbia. The largest known populations occur in Utah,followed by Colorado (NatureServe 2022). In Colorado,the Service requires surveys of appropriate sites within the 100-year floodplain of the South Platte River, Fountain Creek, and the Yampa River and their perennial tributaries, or in any area with habitat in Boulder and Jefferson Counties (Service 1992b). Because ULTO has been found along other stream systems in Colorado since 1992,the Service has expanded the number of counties where surveys are required in suitable habitat (Service 2018). ULTO does not bloom until late July to early September (depending on the year), and timing of surveys must be synchronized with blooming (Service 1992b). Rationale for Excluding the Project Area as Potential ULTO Habitat Although the project area would be on private land with no federal nexus, ERO assessed the project area for potential ULTO habitat. The dense herbaceous vegetation along the Little Thompson River is unsuitable for ULTO. Vegetation is sparse along the South Platte River and could be suitable for ULTO; however, none of the areas with suitable habitat would be impacted by proposed project activities. Preble's Meadow Jumping Mouse Species Background A population of Preble's is known to occur along the South Platte River, with the nearest successful trapping location found approximately 1.7 miles southwest of the project area (Service 2020). Preble's was listed as a threatened species on May 13, 1998 under the ESA of 1973, as amended (63 Federal Register 66777 (December 3, 1998)). Under existing regulations, either a habitat assessment or a full presence/absence survey for Preble's is required for any habitat-disturbing activity in areas determined to be potential Preble's habitat (generally stream and riparian habitats along the Colorado Front Range and southeastern Wyoming). Typically, Preble's occurs in low undergrowth consisting of grasses and forbs, open wet meadows, riparian corridors, or where tall shrubs and low trees provide adequate cover (Service 2004; Meaney and Clippinger 1995). Preble's occurs below 7,600 feet in elevation, generally in lowlands with medium to high moisture (Service 2004; Natural Heritage Program 1996) along permanent or intermittent streams (Ryon 1996). Potential Habitat and Effects Suitable habitat for Preble's exists along a narrow riparian corridor that borders the Big Thompson River. Recent scouring of the South Platte River floodplain has degraded the vegetation communities along the river and Preble's habitat is absent or extremely limited at this time. Although mining activity will completely avoid wetland and riparian communities, a live-trapping surveys for Preble's in 2017 in suitable habitat along the Little Thompson and South Platte Rivers in the project area (Figure 2). No Preble's were captured during 750 trapnights of effort. Rationale for Excluding the Project Area from Needing an Incidental Take Permit (ITP) Under Section 10(a)(1)(13) of the ESA Current and previous trapping efforts in the vicinity of the project area indicate that a viable population of Preble's are unlikely to occur. In addition, based on guidance from the Department of the Interior (DOI) Principal Deputy Director(DOI 2018), it is ERO's professional opinion that the project would not ERO Project#21-266 9 =R0 Resources Corporation