2017-05-18_PERMIT FILE - C2010089

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threatened or endangered plant or animal species or any critical habitats of such species are known to occur in this area and hence there is an extremely remote possibility that this action will cause any impacts to these species. No state listed threatened or endangered plant or animal species or any critical habitats of such species are known to occur in this area. However, there is the potential that the Burrowing Owl might be found in this area and a special monitoring plan with operational considerations is included herein. There are no other known species of state or federal concern such as eagles, migratory birds or other animals that are known to occur in this area or which might be affected by this action. The area contains no habitats of unusually high value for fish and wildlife such as cliffs supporting raptors, special shelter or protection, reproduction, nursery areas or critical wintering areas. If new information becomes available for threatened or endangered species, if a new species becomes listed, if incidental take occurs, if the total average annual amount of water depleted by the New Horizon North Mine changes, or if any other project element changes which alters the operation of the project from what is approved in the initial permit and which may affect any endangered or threatened species in a manner or to an extent not considered in the April 9, 2012 U.S. Fish and Wildlife biological opinion, formal section 7 consultation must be reinitiated. Impact on Wetlands The permit area does contain some wetland and riparian areas, but these areas appear to be mostly irrigation induced wetlands from the extensive flood irrigation found in the area and possess low functional value and importance in an ecological sense. There will be a minor amount of wetlands disturbed by this mining operation. A formal wetland survey performed to the standards of the U.S. Army Corps of Engineers (COE) for wetland delineations was performed within the permit area. According to the requirements of the COE, as found in the 1987 Corps of Engineers Wetlands Delineation Manual and the recent supplement entitled Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Arid West Region issued in 2005, approximately 14,000 plastic pin flags were placed along the wetland boundaries. The boundaries were then surveyed accordingly and 174 wetland sample plots were evaluated using the two page COE field form entitled the WETLAND DETERMINATION FORM - Arid West Region. The extent of jurisdictional and non jurisdictional wetlands on the New Horizon North Mine area is shown on Map 2.05.6(2)-1 New Horizon North Mine - Wetland Map. NHN has obtained a Nationwide General Permit No. 21 - Surface Coal Mining Activities (Section 404) from the U.S. Army Corp of Engineers for the wetland disturbances necessary at the New Horizon North Mine. Section 2.05.6(2) Page 5 May 2017 (MR -19)