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WILDLIFE RESOURCES ASSESSMENT <br />MORTON LAKES PROPERTY <br />WELD COUNTY, COLORADO <br />On July 10, 2008 (73 FR 39790) the Service removed Preble's populations in <br />Wyoming from the list of species protected under the ESA. The Service also amended <br />the listing for Preble's to indicate the subspecies remains threatened in the Colorado <br />portion of its range. Thus, Preble's remains protected in Colorado. <br />Potential Habitat and Possible Effects <br />The project area was assessed for potential Preble's habitat. Current guidelines call <br />for a 300-foot setback from the 100-year floodplain on drainages that are potential <br />Preble's habitat. All projects within the 300-foot setback require that either a habitat <br />assessment or presence-absence survey of the site documenting the absence of Preble's <br />and/or suitable habitat be submitted to the Service for its approval. <br />Suitable habitat for Preble's does occur within the project area in the pasture <br />southeast of Big Dry Creek; however, several trapping surveys have been conducted <br />within 1 mile upstream and downstream of the project area on both Big Dry Creek and <br />the South Platte River with no Preble's found (ERO 2004; Service 2005). The project <br />• area is also isolated from any known Preble's populations, with the closest population <br />more than 15 miles downstream along the. South Platte River trapped by Savage and <br />Savage in 2001 (Service 2005). These previous trapping surveys indicate it is unlikely <br />that the proposed project would adversely affect the continued existence of Preble's. <br />State Endangered, Threatened, and Species of Concern <br />Numerous species that potentially occur in Weld County are considered endangered, <br />threatened, or species of concern by the State of Colorado (Table 2). According to <br />Colorado law (Colo. Rev. Stat. Ann. §§ 33-2-102-106), the State must maintain a list of <br />species determined to be endangered or threatened within the State. State-listed wildlife <br />species that are not already protected under the ESA are protected under State Statute 33, <br />which is regulated by the CDOW. <br />None of the species listed in Tables 1 or 2 were observed on the subject property at <br />the time the habitat survey was conducted by ERO. <br />e0 <br />8 Resources <br />(orporalion