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New Horizon North Mine
<br />Purpose and Need
<br />Burrowing owl (Athene cunnicularia) surveys were conducted within Colorado Department of Parks and
<br />Wildlife (CPWD) delineated white tailed prairie dog (Cynomys leucurus) colonies on the New Horizon
<br />Mine property for the purpose of documenting their presence in the area. The burrowing owl (BUOW) is
<br />protected under the federal Migratory Bird Treaty Act (MBTA) of 1918, as amended (USFWS 2002), and
<br />is recognized as a threatened species under the Colorado Nongame, Endangered, or Threatened Species
<br />Conservation Act of 1984 (C.R.S.A. § 33-2-101 — 108) state regulations. Habitat modification and
<br />human related disturbance associated with the coal mining operations could result in the take of breeding
<br />burrowing owls, as defined by the MBTA (2002). The MBTA defines "take":
<br />"unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take,
<br />capture, or kill, possess, offer for sale, sell, offer to barter, barter, offer to purchase, purchase, deliver for
<br />shipment, ship, export, import, cause to be shipped, exported, or imported, deliver for transportation,
<br />transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation,
<br />carriage, or export, any migratory bird 1, any part, nest, or egg of any such bird, or any product, whether
<br />or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest,
<br />or egg thereof..."
<br />Loss of occupied nesting habitat, mortality, or decreased reproductive success of nesting burrowing owls
<br />could impact their populations. The thorough documentation of burrowing owl activity within the project
<br />area will enhance the analysis of potential project related impacts to the species, and the development of
<br />mitigation measures if necessary.
<br />Project and Site Description
<br />The Western Fuels Colorado LLC (Western Fuels), New Horizon Mine, proposes increased development
<br />of their coal reserves through the construction of pits for the excavation of coal resources. Boundaries to
<br />protect existing wetlands within the proposed expansion area were previously surveyed and delineated to
<br />protect wetland characteristics. Additionally, all necessary permitting for site development was acquired
<br />prior to the initiation of burrowing owl surveys. Through consultation with the CPWD, Western Fuels as
<br />delineated white-tailed prairie dog colonies requiring BUOW surveys during the breeding season. The
<br />proposed development area is approximately 3 miles northwest of the town of Nucla, Colorado.
<br />The project area lies within the Nucla Geological Survey 7.5 minute topographical quadrangle. The
<br />project area is located in sections 25, Range 16W, Township 47N respectively (Figure 1). All work will
<br />be completed on privately owned land managed by Western Fuels. The project area was divided into two
<br />separate parcels for the purpose of BUOW surveys. Parcel 1 is approximately 1.8 acres in size. Parcel 2 is
<br />approximately 15.5 acres in size and is approximately 0.25 miles north of parcel 1 (Figure 1).
<br />Elevations within the project area range from approximately 5,600 feet at parcel 1 to 5,700 feet at parcel
<br />2. Vegetation within the project area is dominated by field bindweed (Convolvulus arvensis) as the
<br />prominent herbaceous plant species and scattered individual shrubs of sagebrush (Artemesia sp.), four
<br />winged salt bush (Atriplex canesence), rabbitbrush (Chrysothamnus sp.), and broom snakeweed
<br />(Gutierrezia sarothrea) on parcel 1 (Photo 1). Field bindweed is also the dominant herbaceous species on
<br />2015 Annual Reclamation Report Page 13
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