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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 -04). <br />With the exception of the 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 (and of the 149.3 <br />acres, 27.2 acres have been Phase II and Phase III released). The amount of bond required to <br />complete the reclamation in accordance with the approved plan has been determined to be <br />$877,328.06. <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 (MRCS) 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 adjacent area. The alluvial valley floor is known <br />as the Purgatoire River AVF. (2.07.6(2) and 2.06.8(3)(C)) For additional specific findings <br />concerning the Purgatoire River AVF please see Section B, XVII. <br />The Division has made a negative determination for all other streams within the permit area. <br />Based on the information presented in Exhibit 18 of the permit application, Lorencito, Cow, <br />Alamosa, Chimney, Puertecito, Little Pine, and Jeff Canyons are not alluvial valley floors. <br />13. The Division hereby approves the post -mining land use for the disturbed area of the <br />operation. The post -mining land use of rangeland is identical to the pre -mining use. Pre - <br />mine rangeland areas will be returned to a rangeland post -mining land use, although the <br />reclaimed areas will have a different vegetative character due to the abundance of grasses <br />and forbs in the early stages of vegetation succession. (2.07.6(2)(1)) <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in <br />Section B, which follows. (2.07.6(2)(m)) <br />15. 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. No additional disturbance is proposed or <br />approved as a result of Permit Renewal No. 4 (RN -04). (2.07.6(2)(n)) <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br />this time, the operator, New Elk Coal Company, LLC, is current in the payment of <br />reclamation fees required by 30 CFR Chapter VII, subchapter R. (2.07.6(2)(0)) <br />12 <br />