2011-03-25_APPLICATION CORRESPONDENCE - C2010089

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STATE OF COLORADO John W. Hickenlooper, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildlife. state. co. us 2300 South Townsend Ave Montrose, CO 81401 Ms Sandy Brown Division of Reclamation, Mining & Safety 1313 Sherman St., Rm. 215 Denver, CO 80203 REGE-WED MAR 25?011 Divisrutf us i?eclarnation, Mining and Safety b ?a ti OF For Wildlife- For People March 14, 2011 Dear Ms. Brown: The Division of Wildlife (DOW) has completed a T&E species review for the proposed New Horizon North Mine near Nucla Colorado. The following species were identified as being of potential concern in this area: fi T t Kit Fox No No Yes No Black-footed Ferret Yes No Yes No Western Burrowing No No No Yes Owl Kit Fox (Vulpes macrotis) have been documented in the eastern portions of Montrose County. However, surveys have not detected the presence of this species on the West End. Although sagebrush is utilized by this species, desert shrub habitats dominated by shadscale and saltbush are preferred in known occupied areas. Based on these habitat preferences, it is highly doubtful kit fox occupy the permit area and any chance of disturbance to this species is negligible. Black-footed ferrets (Mustela nigripes) may have occurred in the Nucla area historically. Prairie dogs are a favored prey and this species is present on the mine site. However, the small and scattered prairie dog populations present in the Nucla area are believed insufficient to support a viable ferret population. In addition, the presence of black-footed ferrets has never been documented in the area. Any threat posed by the described activities is considered negligible to this species as well. Adverse impacts to burrowing owls (Athene cunicularia hypugaea) are considered a possibility, as their presence has been documented within a few miles of the proposed mine site. This species is a summer migrant closely associated with prairie dog colonies, which they utilize for nesting and brood rearing activities. Federal and state laws prohibit the harming or killing of burrowing owls or the destruction of active nests. The possibility of adverse impacts to burrowing owls was brought to the attention of New Horizon mine officials and their representatives during a meeting held in June of 2010 with DOW officials. Suggestions to mitigate these potential impacts were offered by the Division of Wildlife and a mitigation plan was drawn up by the applicant to address the issue. DEPARTMENT OF NATURAL RESOURCES, Mike King, Executive Director WILDLIFE COMMISSION, Tim Glenn, Chair • Robert Streeter, Vice Chair • Mark Smith, Secretary Members, David R. Brougham • Dennis Buechler • Dorothea Farris • Allan Jones • John Singletary • Dean Wingfield Ex Officio Members, Mike King and John Salazar