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9. The Division finds that surface coal mining and reclamation operations to be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area. (2.07.6(2)(I)) <br />10. The reclamation cost estimate was recalculated as required for this Permit Renewal (RN -03). <br />With the exception of 1.8 acre topsoil borrow area and 4.5 acres of sediment ponds, the <br />remaining disturbed area (149.3 acres) has achieved a Phase I bond release at a minimum. <br />The amount of bond required to complete the reclamation in accordance with the approved <br />plan has been determined to be $793,279.42. However, after approval of industrial bond <br />release SL -02, the required amount of bond to be held was determined to be $916,169.00. <br />This required amount of bond to be retained by the Division meets exactly the 60% <br />limitation of Rule 3.03.1(2)(a) and is the minimum amount of bond the Division must retain. <br />Further bond monies may only be released through a successful Phase II or Phase III bond <br />release application. <br />11. The Division has made a negative determination for the presence of prime farmland within <br />the permit area. The applicant has indicated that there are no soil map units that have been <br />designated by the National Resource Conservation Service (NRCS) that have been <br />designated as prime farmland. This complies with the requirement of Rule 2.04.12(2)(f). <br />12. Based on information provided in the application the Division has determined that an <br />alluvial valley floor (AVF) exists within the permit or adjacent area. The alluvial valley floor <br />is known as the Purgatoire River AVF and will be affected by the coal loadout located <br />adjacent to the railroad. (2.07.6(2) and 2.06.8(3)(C)) <br />For additional specific findings concerning the Purgatoire River AVF please see Section B, <br />XVII. <br />The Division has made a negative determination for all other streams within the permit <br />area. Based on the information presented in Exhibit 18 of the permit application, <br />Lorencito, Cow, Alamosa, Chimney, Puertecito, Little Pine, and Jeff Canyons are not <br />alluvial valley floors. <br />Lorencito Canyon contains unconsolidated stream laid deposits of reasonable size. <br />Minimum depths to the water table range from 11 -15 feet, while soil depths are 5 -6 feet. <br />Results of vegetation sampling indicate warm season grassland communities that are not <br />dependent on subirrigation. Vegetative cover and production in these areas is poor, and <br />there is no evidence of past or present flood irrigation anywhere along Lorencito <br />Canyon. <br />The Cow Canyon valley floor covers approximately 187 acres within the permit area. <br />The sinuosity of the channel is low compared to other channels in the permit area and the <br />channel bottom exhibits bedrock control in multiple places. Soils exhibit no soil moisture <br />from subirrigation. The limited extent of contiguous areas, coupled with the lack of <br />available water from this intermittent stream, precludes possible flood irrigation. <br />13 <br />