2023-01-10_PERMIT FILE - M2023001 (22)

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ERC Fairmeadows Site Threatened-Endangered Species and General Wildlife Screening 6.0 SPECIES PROTECTED UNDER THE ENDANGERED SPECIES ACT OF 1973 The ESA of 1973 was enacted by the United States to conserve endangered and threatened species and the ecosystems that they depend on. Under the ESA, species may be listed as either "endangered" or "threatened";both designations are protected by law.The ESA is administered by the USFWS. The USFWS has developed project specific species lists, available online by request, identifying threatened, endangered,and proposed species,designated critical habitat,and candidate species protected under the ESA that may occur within the boundary of a proposed project and/or may be affected by a proposed project (USFWS 2022) (Project Code: 2022-0088046). The species list for the survey area has identified potential for a total of 8 threatened or endangered species within the survey area. Species Not Present The following federally listed threatened and endangered species are identified to occur within Weld County. However, these species are not known to exist within the specific vicinity of the survey area and/or have specific habitat requirements (i.e., elevation range) that are not common in the vicinity of the survey area. , Gray Wolf Canis lupus FE NO TAKE *Status key: FT—Federally listed as threatened • The survey area does not contain the specific habitat characteristics necessary to support this species listed above. This species and/or critical habitat is not present within the survey area. Therefore, future land use will result in No Take of the species,their habitats, or proposed or designated critical habitat. Water Depletions Species The USFWS under the ESA has determined that water depletions in the South Platte River Basin are considered an adverse effect to the listed species identified below. The survey area is considered to be located within the South Platte River Basin. Pallid sturgeon Scaphirhycchus albus FE NOT PRESENT,NO TAKER Piping plover Charadrius melodus FT NOT PRESENT,NO TAKE A Western prairie fringed orchid Platanthera praeclara FT NOT PRESENT,NO TAKER Whooping crane Grus Americana FE NOT PRESENT,NO TAKER *Status key: FT—Federally listed as threatened FE—Federally listed as endangered AThe project is assumed to be mixed-use commercial and residential development supplied by existing municipal water supply;therefore,the project would not be considered a water depletion. Any water related project conducted in the Platte River Basin that has a federal nexus; such as federal funding or a federal permit (i.e., Clean Water Act (CWA) Section 404 Permit), is subject to ESA Section 7 Consultation with the USFWS. The consultation is a mandate for water depletion projects that may affect threatened and endangered species that rely on the South Platte River. 10