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COLORADO <br />Division of Recla:rnatio , <br />,. <br />Mining and safety <br />Department of Natural Resources <br />1313 Sherman S'tree't, Room 215 <br />Denver, CO 80203 <br />Memorandum <br />To: Brock Bowls, DRMS <br />From: Jared Ebert, DRMS <br />RE: New Horizon Mine; C-1981-008; Midterm Review No. 7 (MT7); <br />Review of Permit Sections/Rules Assigned to Jared Ebert <br />I have completed my review of the sections of the permit application package against the Rules I <br />was assigned for the New Horizon Mine for the midterm review. Each of my assigned sections is <br />discussed below and adequacy review items are bulleted. Please let me know if you have <br />questions. <br />2.04.11(1)(4) — Baseline Fish and Wildlife Information <br />(1) Fish and wildlife studies are contained in section 2.04.11 of the permit. <br />(4) Permit page 2.04.11-36 indicates that two Federally listed endangered species were recorded <br />in the permit area that was studied. These include the peregrine falcon and bald eagle. <br />According to the permit; regarding the peregrine falcon, no suitable nesting habitat is located <br />within the study area and no impacts are likely to occur to this species. Regarding the bald eagle, <br />the permit indicates no communal roosting and/or feeding areas were identified within the study <br />area and given this and the proximity of the mine to the town of Nucla; impacts to this species is <br />not likely to occur. <br />One adequacy review issue was identified: <br />Page 2.04.11-4 references the original Peabody Permit application: Volume D — Tab 11 <br />for the original wildlife study conducted for the permit area. Please update this page to <br />indicate that this information is included in Attachment 2.04.11-1 of the permit. Also, <br />please update the table of contents of this section of the permit to cite this attachment. <br />2.05.3(6)(a) — Operations Plan/Permit Area, Surface Blasting Plan <br />(6)(a) Section 2.05.3(6)(a) of the permit contains a surface blasting plan. No adequacy issues <br />were identified. <br />2.05.6(2)(a) -(c) — Mitigation of Impacts of Mining Operations, Fish and Wildlife Plan <br />(a) Based on Section 2.04.11 and 2.05.6(2) of the permit, the pre -mine land use of the site was <br />primarily for agricultural purposes and not specifically for wildlife habitat. Reclamation <br />activities are primarily focused on restoring the agricultural use of the site. Given this, the permit <br />indicates that fish and wildlife impacts are minimal. The two threatened or endangered species <br />r`u <br />n 0 <br />1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us " <br />John W. Hickenlooper, Governor I Mike King, Executive Director I Virginia Brannon, Director`a,, ri <br />