HomeMy WebLinkAbout20140407.tiff RESOLUTION
RE: EXPRESSION I N OF CONCERN REGARDING ENFORCEMENT OF REGULATORY
REQUIREMENTS UNDER THE ENDANGERED SPECIES ACT (ESA) FOR
THREATENED AND ENDANGERED SPECIES, INCLUDING THE PREBLE'S
MEADOW JUMPING MOUSE (ZAPUS HUDSONIUS PREBLEI)
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the U.S. Fish and Wildlife Service ("USFWS") issued a news release on
February 6, 2014, regarding enforcement of regulatory requirements under the Endangered
Species Act ("ESA") for threatened and endangered species, including the Preble's Meadow
Jumping Mouse (Zapus hudsonius preblei), a copy of which is attached hereto as Exhibit "A,"
and
WHEREAS, the Board of County Commissioners is concerned that any attempt at
enforcement of the ESA by the USFWS will further damage the citizens of Weld County by
slowing or prohibiting reconstruction of necessary County infrastructure and private properties
along rivers and drainage ways damaged by the floods which occurred in Weld County
September 11-17, 2013, and
WHEREAS, such enforcement could be especially harmful when high runoff is expected
in Spring, 2014, due to high snowpack in the foothills and mountains to the west of Weld
County, and
WHEREAS, the Board therefore requests of the USFWS that it refrain from enforcing the
ESA for threatened and endangered species, including the Preble's Meadow Jumping Mouse
(Zapus hudsonius preblei) on those projects made necessary by the floods in Weld County
September 11-17, 2014.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that Board therefore requests of the USFWS that it refrain from
enforcing the ESA for threatened and endangered species, including the Preble's Meadow
Jumping Mouse (Zapus hudsonius preblei) on those projects made necessary by the floods in
Weld County September 11-17, 2014.
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I< H 2014-0407
BC0045
EXPRESSION OF CONCERN REGARDING ENFORCEMENT OF REGULATORY
REQUIREMENTS UNDER THE ENDANGERED SPECIES ACT (ESA) FOR THREATENED
AND ENDANGERED SPECIES, INCLUDING THE PREBLE'S MEADOW JUMPING MOUSE
(ZAPUS HUDSONIUS PREBLEI)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of February, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
ATTEST: y. 6- � 0�: '1rcC�®sr
;ft rd
��A` Dougla Radem chherer Chair
Weld County Clerk to the
tittaValsBtarbara Kirkmeyer,�Pro-Tem
it
Dep ty Clerk to the BoaYf ` 144
,EXCUSED
‘44:// ' '` ' / Sean P. Conway
PRO O FORM: L•-1" C,
Mike Fr an
Y Attorney C unt /�j
William F. Garcia
Date of signature: o9'I 1• I L
2014-0407
BC0045
EXHIBIT
17; A 9
Exhibit"A" 28 1 y_ O Li OI
U.S. Fish & Wildlife Service
News & Releases Mountain-Prairie Region
Colorado Flood Recovery Efforts Not Delayed by
Preble's Meadow Jumping Mouse
For Immediate Release
February 6, 2014
Lakewood, CO — Recent news accounts suggesting the Endangered
Species Act and the Preble's Meadow Jumping Mouse are delaying
flood recovery projects in Colorado are inaccurate. The U.S. Fish &
Wildlife Service (USFWS) and the U.S. Federal Emergency
Management Agency (FEMA) are collaboratively working together with
other federal, state and local partners to expedite the processing, review
and funding of Colorado's flood recovery measures, while still ensuring
compliance with regulatory requirements under the Endangered Species
Act (ESA) for threatened and endangered species, including the Preble's
Meadow Jumping Mouse (Zapus hudsonius preblei), or Preble's.
Consultation between the two federal agencies is required for flood
recovery projects within occupied and designated critical habitat for the
federally threatened mammal, and other listed species under the ESA.
"We are working very closely with FEMA and other partners to make
sure important flood recovery projects proceed on time while ensuring no
harm occurs to species listed under the ESA," said Noreen Walsh,
Regional Director for the Mountain-Prairie Region. "But let me be clear:
the Preble's and other federally listed species have not, and will not,
delay flood recovery efforts in Colorado."
"FEMA is working closely with the USFWS to help determine the
quickest and least costly way to proceed with recovery efforts and
comply with all environmental protection laws," stated Tom McCool,
Federal Coordinating Officer for Colorado's fall flooding disaster."
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All recovery stakeholders are strongly invested in continuing the rapid
pace of permanent work and, at the same time, completing the
requirements of all applicable laws, including the ESA. Neither FEMA
nor the USFWS have halted or delayed the Colorado recovery efforts.
The USFWS is in the midst of finalizing streamlined programmatic
consultation documents that will cover FEMA's reimbursement for non-
emergency, permanent repair projects throughout the flood disaster
area. These documents will also streamline requirements for the
USFWS and other Federal, State, county, and local partners. USFWS
biologists are working closely with FEMA staff to ensure and expedite
compliance with the ESA's regulatory requirements, while promoting
valuable conservation that is important not only to the mouse's
immediate and long-term recovery, but to the many ecosystem services
— such as flood control, water quality, fishing, kayaking, hunting, hiking,
birding, and other economic benefits — that streamside habitats provide
to local communities.
The Preble's was listed as threatened in 1998. It's one of three federally
listed species found only in streamside, riparian habitats along the Front
Range in Colorado. The flash floods of September 2013 flooded,
destroyed, or altered many riparian habitats throughout the Preble's
range in Colorado and likely drowned individual mice or entire
populations. The flash floods also adversely impacted federally
designated critical habitat for the Preble's.
The mission of the U.S. Fish and Wildlife Service is working with others
to conserve, protect, and enhance fish, wildlife, plants, and their habitats
for the continuing benefit of the American people. We are both a leader
and trusted partner in fish and wildlife conservation, known for our
scientific excellence, stewardship of lands and natural resources,
dedicated professionals, and commitment to public service.
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