2016-01-07_PERMIT FILE - C2010089 (15)

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STATE OF COLORADO Gp1�RAlID John W. Hickenlooper, Governor OF NATURAL RESOURCES b DEPARTMENT N DIVISION OF WILDLIFE o vq AN EQUAL OPPORTUNITY EMPLOYER OF Thomas E. Remington, Director For Wildlife - 6060 Broadway For People Denver, Colorado 80216 Telephone: (303) 297-1192 wildlife,state.co.us . March 14, 2011 2300 South Townsend Ave Montrose, CO 81401 Ms Sandy Brown Division of Reclamation, Mining & Safety 1313 Sherman St., Rm. 215 Denver, CO 80203 Dear Ms. Brown: The Division of Wildlife (DOW) has completed a T&E species review for the proposed New Horizon cies were identified as being of potential concern in this North Mine near Nucla Colorado. The following spe area: Kit Fox No No Yes No N Black -footed Ferret Yes o Yes No No Yes Western Burrowing No No Owl Kit Fox (Vulpes fnacrotis) have been documented in the eastern portions of Montrose County. However, surveys have not detected the presence of this species on the West End. Although sagebrush is utilized by this species, desert shrub habitats dominated by shadscale and saltbush are preferred in known occupied areas. Based on these habitat preferences, it is highly doubtful kit fox occupy the permit area and any chance of disturbance to this species is negligible. Black -footed ferrets (Mustela nigripes) may have occurred in the Nucla area historically. Prairie dogs are a favored prey and this species is present on the mine site. However, the small and scattered prairie dog populations present in the Nucla has never been doca are believed fumented int e area.cient to support a Anylrreat posed by the desiable ferret population. In cribed the presence of black -footed ferrets activities is considered negligible to this species as well. Adverse impacts to burrowing owls (Athene cunicularia hypugaea) are considered a possibility, as their presence has been documented within a few miles of the proposed mine site. This species is a summer migrant closely associated with prairie dog colonies, which they utilize for nesting and brood rearing activities. Federal and state laws prohibit the harming or killing of burrowing owls or to destruction of active nests. The possibility of adverse impacts to burrowing owls was brought to the attention of New Horizon mine officials and their representatives during a meeting held in June of 2010 with DOW officials. Suggestions to mitigate these potential impacts were offered by the Division of Wildlife and a mitigation plan was drawn up by the applicant to address the issue. DEPARTMENT OF NATURAL RESOURCES, Mike Nng, Executive Director WILDLIFE COMMISSION, Tim CA1n o �treeter, Vice Chair • Mark Smith, Secretary �.- Members, David R. Brougham • Dennis Buechler • oro he ams • Alla Jones •John Singletary • Dean Wingfte[d