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--' pexr of <br />9 <br />'acx s `B~ <br />REPLY REFER TO: <br />ES/C0: 'I'&E/PM <br />Mail Stop 65412 <br />United States Department of the Interior <br />FISH AND WILDLIFE SERVICE <br />Ecologtcat Services <br />Colorado Field Office <br />P.O. Box 25486, DFC (MS 65412) <br />Denver, Colorado 80225-0486 <br />JM/other <br />JUL 1 2 2006 <br />Ms:"Edth-Savage `- <br />Savage and Savage Environmental <br />4610 Haystack Drive <br />Windsor, Colorado 80550 <br />I>eaz Ms. Savage: <br />We aze responding to your letter of June 8, 2006, requesting clearance under the authority <br />_ conferred to the U.S. Fish and Wildlife Service (Service) by the Endangered Species Act of 1973 <br />(ESA), as amended (16 U.S.C. 1531 et seq.}, regazding the proposed site plan review for <br />PVorthern Colorado Constructors Inc., NCC Pit #1, Weld County, Colorado. You requested az <br />extension of our original ESA section 9 clearance dated September 8, 2004. <br />Based on the information provided, including the lack of recent change to conditions in the azea, <br />the Service agrees that a population of Preble's meadow jumping mouse, Zapus hudsonius <br />prebdei (Preble's), is not likely to be present within the subject azea. Thus, the Service continues <br />to conclude that development on this site should not have direct adverse affects to Preble's. <br />Should Preble's populations exist downstream from the site, actions on the site that result in <br />significant madif cations of Prebte's habitat downstream (for example, through alteration of <br />existing flow regimes, or sedimentation) may be subject to provisions of the ESA. In addition to <br />potential impacts to Preble's, please note our concerns under the ESA regazding any potential <br />depletions to the central Platte River, as outlined in our September 8, 2004, letter. <br />Please note that this renewed clearance is valid for ane year from the date of this letter. Should <br />additional information on listed or proposed species become available, this determination may be <br />reconsidered under the ESA. If development has not commenced within one year, please contact <br />the Colorado Field Office to request an additional extension. <br />On February 2, 2005, Preble's was proposed for delisting in the Federal Register (Vol. 70 No. 21 <br />FR 5404). Until a final determination is made, Preble's remains protected as a threatened <br />species under the ESA. <br />61 <br />