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10. The Division has examined corporate sureties in the amount of $2,404,000.00. This bond has <br />received approval. The above bond amount reflects the Division's projection of reclamation <br />costs for worst-case disturbance that will occur 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 extensive studies performed by Western Fuels- <br />Colorado, the Division, and NRCS. A letter from NRCS states prime farmland does not exist <br />within the permit azea (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 Calamity <br />Draws does not meet the geomorphic criteria for AVFs. AVFs along the San Miguel aze more <br />than two-and-a-half miles away and will not be impacted by the New Horizon Mines. For <br />additional specific findings concerning this alluvial valley floor, see Section B, X. (2.07.6(2)(k) <br />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 />irrigated pasture, irrigated hayland, dryland pasture, and wildlife habitat, meets the requirements <br />of Rule 4.16 for the permit azea (2.07.6(2)(1)). Approved post-mining land uses within the PR- <br />OS revision azea aze irrigated pasture, irrigated hayland, and irrigated pastureland. <br />14. Specific approvals have been granted or aze proposed. These approvals aze 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 as of <br />this date, only the bald eagle is listed as a threatened species. An adult peregrine falcon was <br />observed, however, the nesting azea is the Dolores River canyon located 40 miles away. <br />Therefore, it is not anticipated that impacts will occur to this species as a result of mining <br />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 azeas were identified. Therefore, due to the lack of these <br />azeas and the proximity of the town of Nucla, impacts to this species is precluded. <br />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 this <br />time, February 11, 1998, the operator is current in the payment of reclamation fees required by <br />30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). <br />t8 <br />