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intent not to comply with the provisions of the Act (2.07.6(2)(h)). <br /> 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 Division estimates the reclamation liability for mining operations for the remaining <br /> reclamation commitment to be $1,677,946.00 required surety. The Division currently <br /> holds a$1,685,639.00 performance bond for the New Horizon Mine. The current <br /> performance bond is adequate for the remaining liability. <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 /> This permit revision proposes to make a small change in the location of four(4) acres of <br /> reestablished prime farmland, located in Section 36. <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 alluvial valley floors, see <br /> Section B, XVII. (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-irrigated <br /> swales, dryland pasture, rangeland-undisturbed, developed water resource-ponds and <br /> commercial-roads meet the requirements of Rule 4.16 for the permit area (2.07.6(2)(1)). <br /> 14. Specific approvals have been granted. These approvals are addressed in Section B <br /> (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. <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 are 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 /> 12 <br />