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RN -6 is $65,965.26 for a reduction of $2,272.74. This change in cost is mostly attributed to <br />lower revegetation seed prices. The Division currently holds a surety bond in the amount of <br />$117,585.00 which is greater than the calculated liability amount (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 dated December 15, 1980 from the U.S. <br />Soil Conservation Service as well as a letter dated January 10, 1985 from the SCS (now <br />NRCS), demonstrates that no prime farmland mapping units are found within the permit area <br />(2.07.6(2)(k)). <br />12. Based on information provided in the application, the Division has determined that an <br />alluvial valley floor exists within the permit or adjacent area. The alluvial valley floor is <br />known as East Salt Creek. Water quality and quantity will be monitored (2.07.6(2) and <br />2.06.8(3)(C)). <br />For additional specific findings concerning this alluvial valley floor, please see Section B, <br />XII. <br />13. The Division hereby approves the post- mining land use of the operation. It was determined <br />that rangeland and wildlife habitat meets the requirements of Rule 4.16 for the mine area <br />portion of the permit area. (2.07.6(2)(1)). <br />Pre - mining and approved post- mining land use at the Loma Loadout is industrial. The <br />operator has removed coal handling facilities from the site, scraped up and hauled off coal <br />material to restore the site to its previous condition, as required by the original lease <br />agreement with the D &RGW Railroad, and seeded the site with a stabilization seed mix. <br />The Industrial post - mining land use for the loadout area portion of the permit area meets the <br />requirements of Rule 4.16 (2.07.6(2)(1). <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. 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)). This finding is based on an <br />evaluation prepared by Rare Earth Science, LLC (March 27, 2006), included as permit Table <br />4.6 -9, and on a Biological Assessment concurrence/Biological Opinion memorandum issued <br />by the U.S. Fish and Wildlife Service (USFWS), dated June 16, 2006, included as permit <br />Appendix L -iii. Stipulation 12 has been attached to this permit to maintain raptor buffer <br />zones as established by USFWS during initial mine permitting. <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fee Branch. As of <br />this time, the operator is current in the payment of reclamation fees required by 30 CFR <br />13 <br />