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10. The Division has in possession Corporate Surety #104789058 in the amount of $440,000. <br />The Division estimates the reclamation liability for mining operations in this permit renewal <br />to be $85,095 for the King I Mine and $309,545 for the King II Mine, or total liability of <br />$394,640. This liability amount reflects the Division's projection of reclamation costs for <br />worst-case disturbance that will occur during the current permit term. NKC has adequate <br />bond on deposit. (2.07.6.(2)(j)). <br />11. The Division makes a negative determination for the presence of prime farmland within the <br />permit azea, based on the absence in the permit area ofprime farmland mapping units (soils) <br />and land that has been historically used as cropland (2.07.6(2)(k) and 2.06.8(3)(c)). <br />12. Based on information provided in the application, the Division has determined that an <br />alluvial valley floor exists within the permit or adjacent area. The alluvial valley floor is <br />known as Hay Gulch and will be minimally affected by the King I and II Mines (2.07.6(2) <br />and 2.06.8(3)(c)). <br />For additional specific findings concerning the Hay Gulch alluvial valley floor please see <br />Section B, XIV. <br />13. The Division approves the post-mining land use of the King I and II Mines of rangeland and <br />wildlife habitat, and, only on part of the King I Mine, agriculture (storage facilities for <br />equipment at the King I Mine). It was determined that these postmining land uses meet 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 in the <br />following section, Section B (2.07.6(2)(m)). <br />l5. 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. This finding is based on a letter to the <br />Division from the Colorado Division of Wildlife, dated May 4, 2006, and a Memorandum <br />from the U.S. Fish and Wildlife Service to the Office of Surface Mining, dated March 3, <br />2006 (2.07.6(2)(n)). <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br />this time, August 17, 2007, the operator is current in the payment of reclamation fees <br />required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). <br />13 <br />