Laserfiche WebLink
stream's course; human activities in or near Preble's; construction of residential, <br /> commercial, and industrial developments, including roads, bridges, public utilities and <br /> telephone lines, pipelines, and other structures; bioremediation and hazardous materials <br /> management, containment, and cleanup efforts such as those at Rocky Flats; and sand, <br /> .gravel and other types of mining activities within or upstream of Preble's habitat. <br /> Activities that the Service believes could potentially result in a violation of section 9 <br /> of the ESA include but are not limited to unauthorized or unpermitted collecting, handling, <br /> harassing, or taking of the species; and activities that directly or indirectly result in the actual <br /> death or injury death of Preble's, or that modify the known habitat of the species by <br /> significantly modifying essential behavioral patterns (e.g., plowing; conversion of wet <br /> meadow or riparian habitats to residential, commercial, industrial, recreational areas, or <br /> cropland; overgrazing; road and trail construction; water <br /> development or impoundment; mineral extraction or processing; off-highway vehicle use; <br /> and hazardous material cleanup or bioremediation). The Service has identified a number of <br /> activities that will not violate section 9 of the Act provided that these activities are carried <br /> out in accordance with existing regulations and permit requirements. Unfortunately the <br /> Service did not define what it means by "existing regulations and permit requirements." <br /> Proposed State Response <br /> The State, through the Colorado Division of Natural Resources (DNR) , is <br /> attempting to coordinate comments for the proposed rule and to possibly defer the listing of <br /> the Preble's by developing binding conservation plans with the public land management <br /> agencies and private entities that are directly affected by the proposed listing. If, <br /> unsuccessful with deferring the listing, the State would like to see the conservation plans <br /> form the basis of a recovery plan for the species so that the affected parties are protected <br /> from incidental takes under section 9 of the Act. <br /> Doug Robotham. the Assistant Director at the DNR is coordinating comments from <br /> the affected Federal, State, and Local agencies. DNR hopes to use a Memorandum of <br /> Understanding between the Department of Interior and the State of Colorado regarding the <br /> management of declining species as a basis for bring forward a coordinated conservation <br /> plan for Preble's. DNR's strategy is defer the listing of Preble's by coordinating a statewide <br /> recovery and conservation effort. DNR hopes that each affected land management agency <br /> will provide conservation plans for Preble's as part of the State conservation effort. As <br /> outlined in greater detail below, it may be possible for Open Space to participate in the <br /> State effort by moving forward with the proposed South Boulder Creek Natural Area <br /> Designation and including a commitment to develop management actions to protect Preble's <br /> on OS properties. <br /> DNR has also begun developing GIS coverage's containing Preble's information, <br />