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Preble's Meadow Jumping Mouse Habitat Assessment& Conservation Plan <br /> Two Rivers Parcels—Varra Companies <br /> Weld County, Colorado <br /> Rationale for Excluding the Project Area from Needing an Incidental Take Permit Under Section 10 <br /> (a)(1)(8)of the ESA <br /> The project area does not provide habitat for ULTO or CBP. Current and previous trapping efforts within <br /> the vicinity of the survey area indicate that a viable population of Preble's are unlikely to occur. In <br /> addition, based on guidance from the Department of the Interior(DOI) Principal Deputy Director(DOI <br /> 2018), it is ERO's professional opinion that the project would not result in "take" of a listed species, and <br /> application for an incidental take permit (ITP) under Section 10 (a)(1)(13) of the ESA is not appropriate for <br /> the project. ERO has reviewed the guidance and completed the questionnaire to help decide on the <br /> need for an ITP (provided below). <br /> 1. Are there ESA listed species present in the area where your activity will occur or will they be <br /> present at some point in the duration of your activity? <br /> Answer: Unknown <br /> 2. Is it likely that any of these listed species will be exposed to your activities (or the results of your <br /> activity) during any of the various phases of your activity(construction, operation, maintenance, <br /> etc.)? <br /> Answer: Unlikely <br /> 3. Will that exposure likely result in any of the following actions to the listed species: pursuing, <br /> hunting, shooting, wounding, killing, capturing, or collecting or attempting to engage in any such <br /> conduct? <br /> Answer:No <br /> 4. Is your activity likely to harass a listed species? <br /> • Will your activity,through an intentional or negligent act of omission, is likely to annoy the <br /> listed species to such an extent as to cause an injury to the species by significantly <br /> disrupting normal behavior patterns(e.g., breeding,feeding or sheltering, etc.). <br /> Answer:No, in the unlikely event that a Preble's occupies or travels through the area, the <br /> project has been designed to occur primarily in existing agricultural field and all stream <br /> and riparian habitat would be avoided. <br /> 5. Is your activity likely to result in an act that actually injures or kills a listed species? <br /> Answer:No, 4 see above. <br /> 6. Is your activity likely to harm a listed species through habitat modification (yes to all three <br /> questions below)? <br /> a) Is the activity likely to result in significant habitat modification or degradation?Answer: <br /> No, project activities would occur within existing agricultural fields and all stream and <br /> riparian habitat would be avoided <br /> b) Will the modification or degradation significantly impair essential behavior patterns, <br /> including breeding,feeding, or sheltering? Answer:No, see response to question 5. <br /> c) As a result of a. and b. above, is it likely there will be an actual injury or death to a listed <br /> species? Answer:No. <br /> 9 <br /> ERO Resources Corporation <br />