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October 2003. <br />11. The permittee has provided a discussion pertaining to the non-existence of prime <br />farmland in the vicinity of the Deserado Mine permit azea in Section II.J.2 of the permit <br />application package. The Soil Conservation Service has issued a negative determination <br />for the presence of prime farmland within the permit azea. The determination is <br />contained in a letter to the Division from the Meeker Office of the Soil Conservation <br />Service dated June 9, 1981. <br />The permittee has satisfactorily demonstrated that no prime farmland exists within the <br />permit azea. The Division fmds the operation in compliance with Rule 2.07.6(2)(k). <br />12. Based on information provided in the application, the Division has determined that an <br />alluvial valley floor (AVF) exists within the permit or adjacent area. The alluvial valley <br />floor is adjacent to the White River. A surface water lagoon and associated access road <br />and water line facilities have been constructed on an undeveloped portion of the alluvial <br />valley floor that is not significant to farning, neaz the confluence of Scullion Gulch and <br />the White River. Alluvial water level and quality is monitored in this vicinity. Kenney <br />Reservoir has inundated a significant portion of the AVF within the permit azea. For <br />additional specific findings concerning this alluvial valley floor, please see Section B. VIII <br />(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 livestock grazing and wildlife habitat uses meet the requirements of Rule <br />4.16 for the permit azea (2.07.6(2)(1)). <br />14. 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 />15. The Colorado Division of Wildlife, in a letter dated Mazch 10, 1994, advised the Division <br />that the continued operation of the Deserado Mine would pose "no adverse impact to <br />wildlife." Additionally, the U.S. Fish and Wildlife Service, in a letter dated February 22, <br />1994, advised Western Fuels-Utah that Federally listed species do not occur in the project <br />area. WFU conducted a search for black-footed ferrets on the site in 1990. The black- <br />footed ferret is an endangered species which has been sighted in Northwestern Colorado. <br />No black-footed ferrets where found as a result of the seazch. More information is <br />contained in the report "Deserado Mine Refuse Subazea 4Black-Footed Fertet Survey" by <br />WFU. <br />Both the Colorado Division of Wildlife (CDOW) and the U.S. Fish and Wildlife Service <br />(USFWS) were notified of PR-04 and their comments were requested regazding potential <br />impacts to threatened and endangered species. <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 />25 <br />