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species within Montrose County, Colorado. Species considered were the: Mexican <br /> Spotted Owl, Bonytail chub, Colorado pikeminnow, Greenback Cutthroat trout, <br /> Humpback chub, Razorback sucker, Clay-loving wild buckwheat, Colorado hookless <br /> Cactus, Black-footed ferret, Canada lynx, Yellow-billed cuckoo, Gunnison's prairie <br /> dog and North American wolverine. The USFWS agreed with the OSM determination <br /> of effects in the March 13, 2012 BA with the following analysis for the Colorado River <br /> Basin fish. <br /> NHN is located in the San Miguel River drainage basin, which in turn lies within the <br /> Upper Colorado River basin. A water depletion analysis was performed for the <br /> proposed N14N Mine (Appendix 2.04.11-2), and transmitted to OSM for use in <br /> preparing the March 13, 2012 BA that was forwarded to the USFWS. This was <br /> necessary to evaluate water depletion from the mine for the Endangered Fish Species <br /> recovery program in the Upper Colorado River Basin that was initiated on January 22, <br /> 1988. A requirement in the recovery program was that a depletion fee would be paid <br /> by water users to support the fish recovery program. On June 4, 2010,the USFWS <br /> determined that the depletion fee would no longer be required for depletions of 100 <br /> acre-feet or less. The estimated average annual water depletion for NHN is 42.3 acre- <br /> feet per year with a maximum amount in the range of 51.26 acre-feet per year. <br /> Therefore,the depletion fee for N14N is waived and further consultation for the <br /> Endangered Fish Species is not necessary as anticipated water depletions are less than <br /> 100 acre-feet. <br /> The applicant has not proposed the use of persistent pesticides on the site, nor is fish <br /> and wildlife habitat a planned post-mining land use. <br /> XIV. Protection of Underground Mining <br /> No active or abandoned underground coal mines are located within 500 feet of coal <br /> mining activities at the New Horizon North Mine. <br /> XV. Subsidence Control <br /> The New Horizon North Mine is a surface mine; as such, the provisions of Rule <br /> 4.20 do not apply. <br /> XVL Concurrent Surface and Underground Mining <br /> No underground mining is proposed for the New Horizon North Mine. <br /> XVIL Operations on Alluvial Valley Floors <br /> The Division has made a negative determination for the existence of alluvial valley <br /> floors (AVF) within the permit area based on the rules set forth in Rule 2.06.8(3)(c) <br /> and (2.07.6(2)(k). <br /> 27 <br />