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C-1981-022 <br />RN-05 Findings <br />February 2009 <br />9. The Division finds that surface coal mining and reclamation operations to be performed under <br />this permit will not be inconsistent with other such operations anticipated to be performed in <br />areas adjacent to the permit area (2.07.6(2)(i)). <br />10. The Division currently holds an approved Corporate Surety Bond No. in the amount <br />of $4,385,086.00 - greater than the current bond liability estimate at the time of the renewal. <br />That total bond amount reflects the Division's projection of reclamation costs for maximum <br />disturbance anticipates occurring during the proposed permit term. <br />11. The Division has made a negative determination for the presence of prime farmland within the <br />permit area. The decision was based on a letter from the USDA Soil Conservation Service that <br />demonstrates that no prime farmland mapping units are found within the permit area <br />(2.07.6(2)(k)). <br />12. The Division has made a negative determination for the existence of alluvial valley floors <br />within the permit area. This determination is based on information provided by the applicant <br />which demonstrates that none of the land within the permit area has been historically used as <br />cropland (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 determined that <br />Undeveloped Land meets the 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 />15. The Division finds that the activities proposed by the applicant would not affect the continued <br />existence of endangered or threatened species or result in the destruction or adverse <br />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 of <br />February 9, 2009, Oxbow Mining, LLC, the operator, is current in the payment of reclamation <br />fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). An "issue" decision has <br />been recommended by the Office of Surface plicant Violator System. <br />SECTION B <br />The following findings and specific approvals are required by Rule 4: <br />1. Roads - Rule 4.03 <br />18