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F. The Division proposes to approve of the reference areas which the applicant has <br /> selected based on the requirements of Rule 4.15.7(3). The operator owns the Dry <br /> Land reference area which is also known as the Old Peabody Sage Reference Area <br /> located between the New Horizon Mine and the New Horizon North Mine. This <br /> reference area is fenced protecting it from domestic livestock. <br /> G. The reference areas will be utilized to determine revegetation success in a manner <br /> which the Division finds acceptable 4.15.7(4)). <br /> H. All of the lands in the New Horizon North Mine area are under private ownership <br /> and fish and wildlife or combination rangeland/fish and wildlife habitat are not a <br /> post mining land use. Therefore, a woody stem density standard is not required for <br /> revegetation success (4.15.8(7)). <br /> XII. Post-mining Land Use <br /> The Division proposes to approve the changes to the post-mining land use in the PR-2 <br /> application. The land uses will remain the same but it is the location of each land use <br /> that is being reconfigured. The location of the irrigated pasture/cropland will coincide <br /> with the location of the Progresso topsoil and the dryland pasture parcel will coincide <br /> with the location of the mixed topsoil. Topsoil locations are described in Section IV <br /> above. <br /> XIIL Protection of Fish, Wildlife and Related Environmental Values <br /> Wildlife investigations have previously been conducted within, or immediately adjacent <br /> to the NHN permit area. The extent of these investigations is shown on Map 2.04.11-1 <br /> of the permit. Peabody commissioned a wildlife investigation for the Nucla Mine in <br /> 1979-1980 (Appendix 2.04.11-1). With this study, Mariah and Associates determined <br /> that there were 53 species of mammals, 109 species of avifauna, and 20 species of <br /> amphibians and reptiles that were observed or could potentially occur in the area. <br /> Threatened and Endangered Species surveys of these species were present, and that <br /> suitable habitat was lacking in the immediate area. <br /> For the N14N Mine, the Colorado Division of Wildlife (DOW) requested that the <br /> applicant prepare a detailed Burrowing Owl monitoring plan. This plan is found in <br /> Section 2.05.6(2) of the permit. The owls can potentially occupy abandoned prairie <br /> dog burrows. Four prairie dog towns were mapped in 2009, as shown on Map 2.04.11- <br /> 1. Mining-related disturbance near the towns will be controlled during the mating and <br /> nesting season (March 15 thru July 31) unless it has been established that no owls are <br /> present. <br /> The Office of Surface Mining Reclamation and Enforcement's Western Region (OSM) <br /> conducted a section 7 biological assessment (BA) for N14N dated March 13, 2012. <br /> OSM coordinated with the U.S. Fish and Wildlife Service (USFWS) for federally listed <br /> 26 <br />