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<br />10. The Division bas 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 pwjcction of reclamation <br />costs for worst-case disturbance that will. occur during the proposed permit term. <br />11.The Division has made a aggati g detcrminatihn?cyr r1,a rege? flf we £]And wirbin <br />7permit axes. The decision was tia'6n extensive studies pet7fotrneti by Western Fuels- <br />Colorado, the Division, and RCS. A letter from NRCS states rime farmland riot exist <br />wt n e pernut area 07.6(2)(k)). t'Z(CT- C? 19, Fc?-'rS <br />12. The Division has made a negative determination for the existence of alluvial valley floors <br />(A'VF%) within the permit area. This deumnination 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 geomozphic criteria for AVFs. AVFs along the San Miguel are more <br />than two-and-a-half miles away and vwill. not be impacted by the New Horizon Alines. For <br />additional specific findings concerning this alluvial valley floor, see Section R, X, (2.07.6(2)(k) <br />and 2.06.8(3)(c)). <br />13. The Division hereby approves the past-mining land use of the operation. It was deter mined that <br />irrigated pasture, irrigated hayland, dryland pasture, and wildlife habitat, meets the requirements <br />of Rule 4,16 forthe permit area (2.0?.6(2)(1)). Approved post-mining land uses within the PR- <br />05 revision area are irrigated pasture, irrigated hayland, and irrigated pastureland. <br />14. Specific approvals have been granted or are proposed. These approvals me addressed in the <br />following section, Section 13 (2.07.6(2)(m)). <br />15. Two federally listed endangered species were recorded in the original bac etine stwvey, 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 area is the Dolotes River canyon located 40 miles away. <br />Therefore, it is not anticipated that impacts will occur to this species as a result of miming <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 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 />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 tht 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 />18