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Sandy Brown, Senior Environmental Protection Specialist <br />Department of Natural Resources <br />Division of Reclamation, Mining, and Safety <br />The Centennial Building <br />1313 Sherman St., Rm. 215 <br />Denver, CO 80203 <br />RE: Office of Surface Mining Reclamation and Enforcement section 7 coordination with the <br />U.S. Fish and Wildlife for proposed actions at New Horizon North Mine, Montrose <br />County, Colorado, State Permit C2010089 <br />Dear Ms. Sandy Brown: <br />United States Department of the Interior <br />OFFICE OF SURFACE MINING <br />Reclamation and Enforcement <br />Western Region Office <br />1999 Broadway, Suite 3320 <br />Denver, CO 80202 -3050 <br />April 27, 2012 <br />TOT o N, <br />CO -0000 <br />The Office of Surface Mining Reclamation and Enforcement's Western Region (OSM) <br />conducted a section 7 biological assessment (BA) on the New Horizon North Mine as requested <br />by the Colorado Division of Reclamation, Mining, and Safety (DRMS). OSM coordinated with <br />the U.S. Fish and Wildlife Service (USFWS) for federally listed protected species within <br />Montrose County, Colorado. The concluding determinations of effects of New Horizon North <br />Mine proposed actions on Threatened and/or Endangered and/or their critical habitats were as <br />follows: <br />Mexican Spotted owl (Strix occidentalis lucida) <br />• due to a lack of suitable habitat on or near the New Horizon North Mine permit area, the <br />mining activity will not affect the Mexican Spotted owl. <br />Bonytail chub (Gila elegans) <br />• due to the possible occurrence of Bonytail chub in the Colorado River, which receives <br />tributary waters from the project area and an estimated water depletion amount of 42.33 <br />acre -feet per year with a maximum amount in the range of 51.26 acre -feet per year, the <br />New Horizon North mining activities may effect, and is likely to adversely affect the <br />Bonytail chub. <br />