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11. The Worst Case Bond Scenario (topography and mining area)was not altered in PR12. All <br /> acreages and liabilities have been accounted for in SL25. An update to the CIRCES cost <br /> estimate for PR12 found that to reclaim the site at this time the cost would be <br /> $1,490,404.79. <br /> The Division currently holds a bond of$39,500,000,representing a deficit of$540,610 <br /> that would be required to reclaim the site. Therefore, an increase in performance bond of <br /> $540,610.17 is required in accordance with Rule 2.07.6(2)0). <br /> 12. The Division has made a negative determination for the presence of prime farmland within <br /> the permit area. The decision is based on a pre-application investigation of soils found within <br /> the proposed permit area. Pursuant to 2.04.12(2) criteria,the applicant has provided <br /> information demonstrating that lands within the permit area possessing cropland potential are <br /> not irrigated or naturally sub-irrigated,have no dependable water supply of adequate quality, <br /> and receive less than 14 inches of annual precipitation. Therefore,the Division hereby renders <br /> a negative determination for the presence of prime farmland within the permit area <br /> (2.07.6(2)(k)). <br /> 13. Based on information in the permit,the Division determined that two alluvial valley floors <br /> (AVFs) exist near the permit area: <br /> a. the Yampa River AVF <br /> b. Williams Fork River AVF. <br /> The Division finds that the proposed surface coal mining operation will not affect either AVF. <br /> For additional specific findings concerning these AVFs,please refer to permit Section B,XVII. <br /> 14. The Division approved the post-mining land uses of rangeland,wildlife habitat and cropland <br /> as meeting the requirements of Rule 4.16 for the permit area(2.07.6(2)(1)). <br /> 15. Specific approvals have been granted or are proposed. These approvals are addressed in <br /> the following section, Section B (2.07.6(2)(m)). <br /> 16. The Division finds that the activities proposed by the PR12 application will not affect <br /> the continued existence of endangered or threatened species or result in the destruction <br /> or adverse modification of their critical habitats as determined under the Endangered <br /> Species Act of 1973 (16 USC Sec. 1531 et seq.) or the Nongame, Endangered or <br /> Threatened Species Conservation Act(Section 33-2-101 et seq., C.R.S), (2.07.6(2)(n)). <br /> 17. The Division finds that the applicant has satisfied the applicable requirements of Rules 4.23 <br /> through 4.29 regarding special categories of mining (2.07.6(2)(p)). <br /> Section B —Findings Required Rule 4 <br /> L Roads - Rule 4.03 <br /> A. Haul Roads <br /> Haul roads discussed in permit Section 3.7.2,Vol. III, occur upstream of adequate <br /> 12 <br />