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impacted by the New Horizon Mines. For additional specific findings concerning this <br /> alluvial valley floor, see Section B, X. (2.07.6(2)(k) and 2.06.8(3)(c)). <br /> 13. The Division hereby approves the post-mining land use of the operation. It was <br /> determined that irrigated pasture, irrigated hayland, and dryland pasture meets the <br /> requirements of Rule 4.16 for the permit area (2.07.6(2)(1)). <br /> 14. Specific approvals have been granted or are proposed. These approvals are addressed <br /> in the following section, Section B (2.07.6(2)(m)). <br /> 15. Two federally listed endangered species were recorded in the original baseline survey. <br /> An adult perrgrine falcon was observered, however, the nesting area is the Dolores <br /> River canyon located 40 miles away, therefore, it is not anticipated that impacts will <br /> occur to this species as a result of mining activities. <br /> The bald eagle has been identified as a winter resident in the San Miguel River Valley. <br /> No communal roosting and/or feeding areas were identified, therefore, due to the lack <br /> of these areas and the proximity of the town of Nucla, impacts to this species is <br /> 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 /> 16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As <br /> of this time, October 29, 1996, the operator is current in the payment of reclamation <br /> fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). <br /> Section B <br /> 1. Roads - Rule 4.03 <br /> A. Haul Roads <br /> 1. Alternative criteria and specifications were used during the design of haul <br /> roads. These criteria and specifications are proposed for approval by the <br /> Division following an analytical demonstration that the roads will be <br /> environmentally sound, have a minimum static safety factor of 1.3, and <br /> reclamation can be achieved. The proposed criteria and specifications <br /> pertain to the portion of the haul road going through pond 007 <br /> (4.03.1(1)(e)). <br /> 2. The applicant has made a demonstration, based on site specific <br /> precipitation rates, percent of grade, and soil properties, that use of <br /> alternative specifications for culvert sizing will not result in increased <br /> 16 <br />