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9. The Division finds that surface coal mining and reclamation operations to be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area (2.07.6(2)(i)). <br />10. The Division estimates the reclamation liability for mining operations in this permit term <br />to be $1,624,926.00. A performance bond in this amount must be received and approved <br />by the Division before the permit is issued (2.07.6(2)(j)). <br />11. The Division has made a negative determination for the presence of prime farmland within <br />the permit area. The decision was based on a letter from the NRCS (December 20, 2010, <br />Tab 8- permit application package) that demonstrates that no prime farmland mapping units <br />are found within the permit area (2.07.6(2)(k)). <br />12. The Division has made a negative determination for the existence of alluvial valley floors <br />(AVF) within the permit area based on the rules set forth in Rule 2.06.8(3)(c) and <br />(2.07.6(2)(k). This determination is based on information provided by the applicant which <br />demonstrates that a) there are no stream laid deposits meeting the pertinent size criteria, b) <br />the project area does not meet the minimum requirements for agricultural activities and c) <br />the area is overlain by a veneer of colluvial deposits. The results of the AVF investigation <br />are in Tab 14 of the permit application packet including a letter from NRCS (Jan 14, 2011) <br />stating that "the soils are considered very poor for possible conversion to cropland." <br />13. The Division hereby approves the post - mining land use of the operation. It was <br />determined that rangeland/fish and wildlife habitat and industrial meet the requirements of <br />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 <br />Section B of this document (2.07.6(2)(m)). <br />15. 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)). As described previously in <br />this document, The BA prepared jointly by the OSM and BLM addressed the effects of the <br />depletions and other aspects of the Mine and Loadout Facility on the endangered Colorado <br />River fishes. Because of these potential effects to fish and critical habitat, conservation <br />measures have been specified in the BA that will avoid and/or minimize adverse affects. <br />In the BA seven (7) conservation measures are proposed to avoid or minimize effects by <br />the Proposed Action to all four endangered Colorado River fish and critical habitat in Reed <br />Wash and the Colorado River and its 100 -year floodplain. The conservation measures are <br />listed in Section 4.3.1.4, page 27 of the BA located in Exhibit 19 of the PAP. These <br />conservation measures have also been incorporated into the operations plan for the Fruita <br />Loadout Facility and are discussed in Section 2.04.11 of the PAP. Conservation measures <br />described in the BA (Items 3 through 7) are applicable to the loadout and are summarized <br />here. Sediment ponds at the Loadout Facility will be lined to prevent seepage of <br />potentially contaminated water, water discharge from the ponds is prohibited, disposal of <br />water and sediments from sediment ponds will occur off -site at an approved facility, <br />22 <br />