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• -3- <br />valley floor (AVF) determination has been made. An area of the East Salt <br />Creek AVF is contained within the mining permit area (.Approximately 0.7 <br />• percent of the AVF contained in the permit area will be affected, or about 1.6 <br />acres). The area disturbed by the access road to the mine, was previously <br />disturbed by a ranch road. Since this area is a small percentage of the total <br />AVF and since this area was previously disturbed, the effects on East Salt <br />Creek are negligible. The only agriculture in the affected area is marginal <br />livestock grazing and by careful analysis, it was concluded the small amount <br />of disturbance mentioned above will not directly affect other types of farming <br />located downstream. There will be no water runoff from the mine workings <br />since the coal seams being mined dip inward and away from the creek. The <br />workings are essentially dry which is normally the case with Mesa Verde Cameo <br />Seam mines located above water table. All surface water runoff from the <br />surface facilities will be directed towards a sediment pond with upland <br />undisturbed flows ducted around the physically disturbed areas. OSM and CMLRD <br />finds that the proposed surface coal mining and reclamation operation will <br />preserve, throughout the mining and reclamation process, the essential <br />hydrologic functions of the alluvial valley floor. See Section 4.14 of MRP and <br />Sec.(VI), page (18) of TA) [2.07.6(2)(1), 785.19(1)]. <br />14. The proposed postmining land use of the permit area has been approv- <br />ed by OSM and will remain wildlife and domestic grazing habitat. <br />(See Section 4.0 and 4.1 of MRP), [2.07.6(2)(1}, 786.19(m)]. <br />15. The Colorado Mined Land Reclamation Division and OSM have made all <br />specific approvals required by the Act, the approved Colorado State Program <br />and the Federal Lands Program See OSM Summary of Findings) [2.07.6(2)(m), <br />16. The proposed operation will not affect the continued existence of <br />endangered and threatened species or result in the destruction of adverse <br />modifcation of their critical habitats. BLM and U.S. Fish and Wildlife <br />expressed concerns that the existing raptors survey was inadequate. The <br />company agreed to conduct another raptor survey to the satisfaction of the <br />mentioned agencies and this stipulation is found in the special stipulation <br />portion of the permit. The other concerns expressed by BLM and USFWS has been <br />solved by the coal company verbally committing to conduct a road kill survey <br />for the Munger Canyon Mine. The company will submit a letter to CMLRD <br />regarding the verbal commitment (see page 31, paragraph 3,4,& 5 of TA). See <br />Fish and Wildlife Section of TA, Section XIII, page (30), [2.07.6(2)-(n), <br />186.19(0)]. <br />17. All procedures for public participation required by the Act, and the <br />notification required in the approved Colorado State program, the Federal <br />Lands Program, and Council on Environmental Quality regulations (40 CFR ?art <br />1500 et seq.) have been complied with (See Chronology of Events) <br />18. The applicant has complied witCrrtall other requirements of applicable <br />Federal laws, (See concurrence letter from other agencies.) <br />~; _ . , <br />echnica Project Offer <br />i <br />". ~.. ' ~~ <br />l / , r ye " ~ sn <br />am~nistrator, '.Jestern -ethnical Center <br />