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10. The Division holds a performance bond, in the form of a self bond, of $4,000,000.00 for the <br />New Horizon Mine. As part of the adequacy review process for this permit renewal <br />application, the Division reviewed the amount of the required surety for the site, and found that <br />the previously approved surety was insufficient to assure there would be adequate funds for <br />completion of the remaining reclamation work at the site if the work had to be performed by the <br />Division. The Division has estimated that the cost to perform all required reclamation work at <br />the site is $5,042,302.00 (an increase of $1,891,739.00). Accordingly, the required surety for <br />the site will now be $5,042,302.00. Since the required surety exceeds the performance bond <br />held, WFC will need to submit additional performance bond in the amount of $1,042,302.00. <br />The above bond amount ($5,042,302.00) reflects the Division's projection of reclamation costs <br />for worst-case disturbance which could occur during the proposed permit term. It also reflects <br />the bond releases through SL-11. <br />11. The Division has made a positive determination for the presence of prime farmland within <br />one portion of the permit area, and a positive determination for the presence of presumed <br />prime farmland within a separate portion of the permit area. Details regarding these <br />determinations are provided in Section B.XI of this Findings document (2.07.6(2)(k)). <br />12. The Division has made a negative determination for the existence of alluvial valley floors <br />(AVFs) within the permit area. This determination is based on information provided by the <br />applicant that demonstrates that the aeolian and sheetwash material along Tuttle and <br />Calamity Draws does not meet the geomorphic criteria for AVFs. AVFs along the San <br />Miguel are more than two and one-half miles away and will not be impacted by the <br />New Horizon Mines. For additional specific findings concerning this alluvial valley floor, <br />see Section B, X. (2.07.6(2)(k) and 2.06.8(3)(c)). <br />13. The Division hereby approves the post-mining land uses of the operation, subject to <br />acceptance of Stipulation No. 16, set forth in Section B.VIII of this Findings document. It <br />was determined that irrigated pasture, irrigated hayland, dryland pasture, and wildlife <br />habitat, meet the requirements of Rule 4.16 for the permit area (2.07.6(2)(1)), however the <br />extent and locations of such land use types as described in the currently approved permit <br />warrant reconsideration as required by Stipulation No. 16. <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. Two federally listed endangered species were recorded in the original baseline survey, and <br />as of this date, only the bald eagle is listed as a threatened species. An adult peregrine <br />falcon was observed, however, the nesting area is the Dolores River canyon located 40 miles <br />away. Therefore, it is not anticipated that impacts will occur to this species as a result of <br />mining activities. <br />The bald eagle has been identified as a winter resident in the San Miguel River Valley. No <br />communal roosting and/or feeding areas were identified. Therefore, due to the lack of these <br />areas and the proximity of the town of Nucla, impacts to this species is precluded. <br />22