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11. The applicant has provided evidence and the CMLRD has found there are <br /> no prime farmlands in the permit area [2.07.6(2)(k) , 786.19(1) and <br /> 742.21(b); see CMLRD's decision document] <br /> 12. Negative alluvial valley floor (AVF) determinations have been made <br /> for the drainages in the proposed permit area and area for life of <br /> mine. Although there is an AVF adjacent to the train loadout <br /> facility. This facility was built in 1956 prior to PL-95-87, <br /> therefore, this facility is "grandfathered" from interrupting, <br /> discontinuing, or precluding farming and from materially damaging the <br /> quantity and quality of water in the surface and ground-water systems <br /> that supply the AVF. As a result, the only Finding required by law <br /> is that the ongoing surface coal mining operation will be conducted <br /> to preserve the essential hydrologic function of the AVF. This does <br /> not appear to be of any concern since the loadout is not physically <br /> located on the AVF and is not expected to alter it in any fashion <br /> [See page 44 of CMLRD's decision document; 2.07.6(2)(1) and <br /> 786.19(1); See page 11-13 of CMLRD's decision document] <br /> 13. The proposed postmining land use for the permit area has been <br /> approved by the CMLRD and the U.S. Forest Service. [2.07.6(2)(1), <br /> 786.19(m); See page 11 of CMLRD's decision document] <br /> 14. CMLRD and OSM have made all specific approvals required by the Act, <br /> the approved Colorado state program and the Federal lands program. <br /> [2.07.6(2)(m) , 786.19(m); see OSM's Summary of Findings and CMLRD's <br /> decision document] <br /> 15. The proposed operation will not affect the continued existence of <br /> threatened or endangered species or result in the destruction or <br /> adverse modification of their critical habitats. [2.07.6(2)(n), <br /> 786.19(o); Letter from U.S. Fish and Wildlife Service; See page 50 of <br /> CMLRD decision document, Technical Analysis] <br /> 16. Procedures for public participation have complied with requirements <br /> of the Act, the approved Colorado State program, the Federal lands <br /> program, and Council on Environmental Quality regulations (40 CFR <br /> Part 1500 et seq) . [30 CFR 741.21(a)(2)(ii); see Chronology of Events] <br /> 17. The applicant has complied with all other requirements of applicable <br /> Federal laws and either have or have applied for permits from <br /> Environmental Protection Agency. [30 CFR 741.17(d)] <br /> otoo <br /> Administrator <br /> Western Technical Center <br /> Headquarters Reviewing Officer <br />