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f ~. Based on information provided in the application, the Division has determined that alluvial valley floors exist within the permit or adjacent area. The alluvial valley floors are known as ehe Fish Creek AVF, Foidel/Middle ~_;tek Conrluence .-~VF, and the Trout Creek .-1VF. Based on information provided by the operawr, the Division finds tita[ for ail of cte above AVF's: a) the proposed mining operation will not interrupt, discontinue, or preclude farmine on the alluvial valley Floor. Rule d.2d.3(1) allows for interruption, discontinuance or preclusion of farming on an alluvial valley toor if [here will be nesligible impact to farmine. The operator has indicated [hat farming will be precluded on those portions of the Fish Creek alluvial valley floor that will be subsided. Cattle ranching on undeveloped rangeland is the only farming operation currently in practice in these portions of Fish Creek. The operator has submitted information from the affected landowners that the acreage to be affected is of negligilble impact to their operations and is of such small acreage relative to the ranch that elimination of the subsided alluvial valley floor areas will have minimal impact to the production of the ranches. b) the proposed mining operation will not cause material damage to the quantity and quality of surface and groundwater that supply the alluvial valley floor. Additional information regarding impacts [o alluvial valley floors may be found in Section B, XVIII. c) the proposed operation will preserve the essential hydrologic functions of the alluvial valley floor, (2.07.6(2) and 2.06.8(3)(c)). For specific findings concerning these alluvial valley floors, refer to Section B, XVIII (2.07.6(2)(k) and 2.06.8(3)(c)). 13. The Division hereby approves the post-mining land use of the operation. It was determined that the post- mining land uses of pastureland and rangeland meet the requirements of Rule 4.16 for the permit area (2.07.6(2)(1)). 14. The Division finds that specific approvals have been granted or are proposed. These approvals are addressed in the following Section B (2.07.6(2)(m)). I5. The Division finds that the activities proposed by the applicant would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats (2.07.6(2)(n)). The Division received comments from Colorado Division of Wildlife on January 28, 2000 stating that the proposed operation, "should not negatively impact any state listed threatened or endangered species." On May 19, 2000, the Office of Surface Mining faxed confirmation of consultation with the US Fish and Wildlife Service. The US Fish and Wildlife Service concurred with OSM's determination [ha[, "the proposed Foidel Creek Mine-Mining Plan Modification would have no effect on threatened or endangered species or their critical habitat " 16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of this time, May 2~, 2000, Twentymile Coal Company is current in the payment of reclamation fees required by 30 CFR Chapter VII, subchapter R, (2.07.6(2)(0)). C:\JHB\C82056\PR05\PR05 FINDINGS 62800.doc 19