2017-08-16_REVISION - C2010089 (2)

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29 of these species were present, and that suitable habitat was lacking in the immediate area. For the NHN Mine, the Colorado Division of Wildlife (DOW) requested that the applicant prepare a detailed Burrowing Owl monitoring plan. This plan is found in Section 2.05.6(2) of the permit. The owls can potentially occupy abandoned prairie dog burrows. Four prairie dog towns were mapped in 2009, as shown on Map 2.04.11-1. Mining-related disturbance near the towns will be controlled during the mating and nesting season (March 15 thru July 31) unless it has been established that no owls are present. The Office of Surface Mining Reclamation and Enforcement’s Western Region (OSM) conducted a section 7 biological assessment (BA) for NHN dated March 13, 2012. OSM coordinated with the U.S. Fish and Wildlife Service (USFWS) for federally listed species within Montrose County, Colorado. Species considered were the: Mexican Spotted Owl, Bonytail chub, Colorado pikeminnow, Greenback Cutthroat trout, Humpback chub, Razorback sucker, Clay-loving wild buckwheat, Colorado hookless Cactus, Black-footed ferret, Canada lynx, Yellow-billed cuckoo, Gunnison’s prairie dog and North American wolverine. The USFWS agreed with the OSM determination of effects in the March 13, 2012 BA with the following analysis for the Colorado River Basin fish. NHN is located in the San Miguel River drainage basin, which in turn lies within the Upper Colorado River basin. A water depletion analysis was performed for the proposed NHN Mine (Appendix 2.04.11-2), and transmitted to OSM for use in preparing the March 13, 2012 BA that was forwarded to the USFWS. This was necessary to evaluate water depletion from the mine for the Endangered Fish Species recovery program in the Upper Colorado River Basin that was initiated on January 22, 1988. A requirement in the recovery program was that a depletion fee would be paid by water users to support the fish recovery program. On June 4, 2010, the USFWS determined that the depletion fee would no longer be required for depletions of 100 acre-feet or less. The estimated average annual water depletion for NHN is 42.3 acre-feet per year with a maximum amount in the range of 51.26 acre-feet per year. Therefore, the depletion fee for NHN is waived and further consultation for the Endangered Fish Species is not necessary as anticipated water depletions are less than 100 acre-feet. The applicant has not proposed the use of persistent pesticides on the site, nor is fish and wildlife habitat a planned post-mining land use. XIV. Protection of Underground Mining No active or abandoned underground coal mines are located within 500 feet of coal mining activities at the New Horizon North Mine. XV. Subsidence Control New Horizon North Mine is a surface mine and the provisions of Rule 4.20 do not appl y.