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10. The Division estimates the reclamation liability for mining operations in this permit revision to <br />be $5,702,700.81. The Division currently holds a $5,702,700.81 performance bond, in the <br />form of a self bond, for the New Horizon Mine. <br />11. The Division has made a positive determination for the presence of prime farmland within <br />two portions of the permit area. The determinations are based on letters from the USDA <br />National Resource Conservation Service as described in Section III. E1 — Prime Farmland <br />Determination of this document. Details regarding these determinations are provided in <br />Section B. XVIII of this Findings document (2.07.6(2)(k)). <br />12. The Division has made a negative determination for the existence of alluvial valley floors <br />(AVFs) within the permit area. This determination is based on information provided by the <br />applicant that demonstrates that the aeolian and sheetwash material along Tuttle and <br />Calamity Draws does not meet the geomorphic criteria for AVFs. AVFs along the San <br />Miguel are more than two and one -half miles away and will not be impacted by the <br />New Horizon Mines. For additional specific findings concerning this alluvial valley floor, <br />see Section B, XVIL (2.07.6(2)(k) and 2.06.8(3)(c)). <br />13. The Division hereby approves the post- mining land uses of the operation. It was <br />determined that cropland — irrigated alfalfa hay, irrigated pastureland, pastureland — <br />irrigated swales, dryland pasture, rangeland — undisturbed, developed water resource — <br />ponds, commercial — roads, and commercial facilities meet the requirements of Rule 4.16 <br />for the permit area (2.07.6(2)(1)). <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in the <br />following section, Section B (2.07.6(2)(m)). <br />15. Two federally listed endangered species were recorded in the original baseline survey, and <br />as of this date, only the bald eagle is listed as a threatened species. An adult peregrine <br />falcon was observed; however, the nesting area is the Dolores River canyon located 40 <br />miles away. Therefore, it is not anticipated that impacts will occur to this species as a result <br />of mining activities. <br />The bald eagle has been identified as a winter resident in the San Miguel River Valley. No <br />communal roosting and /or feeding areas were identified. Therefore, due to the lack of these <br />areas and the proximity of the town of Nucla, impacts to this species is precluded. <br />The Division finds that the activities proposed by the applicant would not affect the <br />continued existence of endangered or threatened species or result in the destruction or <br />adverse modification of their critical habitats (2.07.6(2)(n)). <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br />this time, October 29, 2013, the operator is current in the payment of reclamation fees <br />required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). <br />25 <br />