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~.'o~ moo ~/- ~ ~~ <br />Q~~PSaENT OF T N~ym G~CJ <br />United States Department of the Interior <br />~ 9 <br />FISH AND WILDLIFE SERVICE <br />M'°ACe 3 +0'9 Ecological Services <br />Colorado Field Office <br />755 Pazfet Street, Suite 361 <br />Lakewood, Colorado 80215 <br />iN REPLY REFER TO: <br />ES/CO: T&E/PMJM/Other <br />MS 65412 Lkwd <br /> <br /> <br />Peter Davis <br />Weiland, Inc./ <br />10395 Colfax Avenue, Suite 350 <br />Lakewood, Colorado 80215 <br />Dear Mr. Davis: <br />We are respondingg to your letter of Apri12, 2004 requesting cleazance 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 etse9.), regarding the proposed I w water crossin at <br />Boulder Creek for the Asphalt Specialtres Turnpike Mining Resources ravel it ection <br />3~) in Weld County, Colorado. This project, as proposed, may disturb wetlands and <br />other riparian habitats. You requested an extension o~our acceptance of negative trapping survey <br />results from June 2000. <br />Based on the information provided, including the lack of recent change to conditions in the azea, <br />the Service aggrrees that a population of Preble's meadow jumping mouse, Zapus hudsonius <br />preblei (Preble's), is not likely to be present within the subject area. Thus, the Service continues <br />to conclude that development or other actions on this site s~ould not have direct adverse affects <br />to Preble's. Should Preble's populations exist downstream from the site, actions on the site that <br />result in significant modifications of Preble's habitat downstream (for example, through <br />alteration of existing flow regimes, or sedimentation) maybe 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 on listed or proposed species become available, this determination maybe <br />reconsidered under the ESA. If the proposed project has not commenced within one year, please <br />contact the Colorado Field Office to request an extension. <br />If we can be of further assistance, please contact Barbara Spagnuolo of my staff at (303) 275-2370. <br />Sincerely, <br />,- ~i'y-rte ~, ~c~c-~-ti~ <br />Susan C. Linner <br />Colorado Field Supervisor <br />cc: U.S. Army Corps of Engineers, Littleton, CO office (Corps File 200480142) <br />FWS/CFO B. Spagnuolo <br />Reference: B1S\Weld\Tumpikegravel.wpd <br />