2012-05-03_APPLICATION CORRESPONDENCE - C2010089 (3)

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Gunnison sage - grouse (Centrocercus minimus) • since suitable habitat for the Gunnison sage - grouse does not occur on or adjacent to the New Horizon North Mine and no Gunnison sage - grouse have been documented within or adjacent to the New Horizon North Mine, the New Horizon North mining activities will not affect the continued existence of the Gunnison sage - grouse. OSM understands that, should the Gunnison sage - grouse be listed in the future, that we may need to reinitiate consultation with your office. Yellow - Billed Cuckoo (Coccyzus americanus) • since suitable habitat for the Yellow - Billed cuckoo does not occur on or adjacent to the New Horizon North mining area and no Yellow - Billed cuckoo have been documented within or adjacent to the New Horizon North mining area, New Horizon North mining activity will not affect the continued existence of the Yellow - Billed cuckoo. OSM understands that, should the Yellow- Billed cuckoo be listed in the future, that we may need to reinitiate consultation with your office. Gunnison's prairie dog (Cynomys gunnisoni) • since suitable habitat for the Gunnison's prairie dog does not occur on or adjacent to the New Horizon North mining area and no Gunnison's prairie dogs have been documented within or adjacent to the New Horizon North mining area, New Horizon North mining activity will not affect the continued existence of the Gunnison's prairie dog. OSM understands that, should the Gunnison's prairie dog be listed in the future, that we may need to reinitiate consultation with your office. North American wolverine (Gulo gulo luscus) • since suitable habitat for the North American wolverine does not occur on or adjacent to the New Horizon North mining area and no North American wolverines have been documented within or adjacent to the New Horizon North mining area, New Horizon North mining activities will not affect the continued existence of the North American wolverine. OSM understands that, should the North American wolverine be listed in the future, that we may need to reinitiate consultation with your office. OSM submitted the BA that included the above mentioned determinations of effects to USFWS on March, 13, 2012. The USFWS sent their concurrence letter (attached) on April 9, 2012, which stated, "if new information becomes available, if a new species becomes listed, if an incidental take occurs, if the total average annual amount of water depleted by this project changes, or if any other project elements changes, which alters the operation of the project from that which is described in the OSM correspondence and which may affect any endangered or threatened species in a manner or to an extent not considered in the attached Biological Opinion (BO), formal section 7 consultation should be reinitiated ". OSM asks that the USFWS condition, stated above, be included as part of the permit approval for the New Horizon North Mine.