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T OF r <br />United States Department of the <br />FISH AND WILDLIFE SERVICE <br />tigq?" 3 Ecologgical Services <br />Colorado Field Office <br />P.O. Box 25486, DFC (MS 65412) <br />Denver, Colorado 80225-0486 <br />REPLY REFER To: <br />ES/CO: T&E/PMJM/other <br />Mail Stop 65412 <br />JUN 2 8 2Ui1 <br />Darcy Tiglas <br />5015 Swainsona Drive <br />Loveland, Colorado 80537 <br />Dear Ms Tiglas: <br />Interior <br />We are responding to your letter of May 26, 2006, requesting site disqualification under the <br />authority conferred to the U.S. Fish and Wildlife Service (Service) by the Endangered Species <br />Act oi? 1973 (ESA), as amended (16 U.S.C. 1531 et seq.). The Service has reviewed the Preble's <br />meadow jumping mouse, Zapus hudsonius preblei (Preble's), habitat assessment report for the <br />proposed Derr Property gravel pit (Section 4, Township 5 North, Range 68 West) in Weld <br />County, Colorado. <br />Based on the information provided, the Service finds the report acceptable and agrees that a <br />population of Preble's is not likely to be present within the subject area. The Service concludes <br />that the proposed project on this site should not have direct adverse affects to Preble's or Preble's <br />habitat. Thus, this site is disqualified for consideration under provisions of the ESA. <br />Since Preble's populations may exist downstream from the site, actions on the site that result in <br />significant modifications of Preble's habitat downstream (for example, through alteration of <br />existing flow regimes, or sedimentation) may be subject to provisions of the ESA. <br />Please note that this clearance is valid for one year from the date of this letter. Should additional <br />information regarding listed or proposed species become available, this determination may be <br />reconsidered under the ESA. If the proposed project has not commenced within one year, please <br />contact the Colorado Field Office to request a clearance 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.