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11. The Division has made a negative determination for the presence of prime farmland within <br /> the permit area. The decision was based on the publication "Important Farmlands Inventory <br /> of Colorado" USDA, Natural Resource Conservation Service (formerly SCS), Denver, <br /> Colorado, October 1982. It states that no prime farmland mapping units are found within the <br /> permit area or within Routt County. The local office of the NRCS confirmed this finding in a <br /> letter dated September 24, 1984. This letter can be found in Exhibit 24 (2.07.6(2)(k)). <br /> 12. Based on information provided in the application, the Division has determined that alluvial <br /> valley floors (AVF) exist within the permit or adjacent area. The alluvial valley floors are <br /> known as the Fish Creek AVF, Foidel/Middle Creek Confluence AVF, and the Trout Creek <br /> AVF. Based on information provided by the operator, the Division finds that for all the <br /> above AVF's: <br /> a) The proposed mining operation will not interrupt, discontinue, or preclude farming <br /> on the alluvial valley floor. Cattle's ranching on undeveloped rangeland is the only <br /> agricultural operation currently in practice in these portions of Fish Creek. Rule <br /> 4.24.3(1) allows for impacts to undeveloped rangelands which are insignificant to <br /> farming. The operator has submitted information that the acreage to be affected is <br /> of small acreage relative to the ranches. Previous subsidence of Fish Creek in the <br /> Northern Mining District found that ranching was not precluded or diminished on <br /> the affected area. <br /> b) The proposed mining operation will not cause material damage to the quality and <br /> quantity of surface and groundwater that supply the alluvial valley floor. Additional <br /> information regarding impacts to alluvial valley floors may be found in Section B, <br /> XVIII. <br /> c) The proposed operation will preserve the essential hydrologic functions of the <br /> alluvial valley floor, (2.07.6(2) and 2.06.8(3)(c)). <br /> 13. The Division hereby approves the post-mining land uses of the operation. It was determined <br /> that pastureland, rangeland, and cropland uses meet the requirements of Rule 4.16 for the <br /> 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. Both the CDOW and USFWS were notified of Permit Renewal 08 and their comments were <br /> requested regarding potential impacts to threatened and endangered species. The Division <br /> received comments from CDOW on January 11, 2023. The Division did not received <br /> comments from USFWS. <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 /> Foidel Creek Mine 25 August 4,2023 <br />