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such resulting irreparable damage to the environment as to indicate an intent not to comply <br />with the provisions of the Act (2.07.6(2)(h)). <br />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 $5,447,159.63. The Division currently holds a $5,711,474.96 performance bond for <br />the Deserado Mine. Blue Mountain Energy, Inc does not need to submit any additional <br />performance bond prior to the end of the public comment period (2.07.6(200)). <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 pre - application investigation of the soils <br />found within the proposed permit area. Pursuant to 2.04.12(2) criteria, the applicant has <br />provided information which demonstrates that lands within the permit area, which could <br />be used as cropland, are not irrigated or naturally sub - irrigated, have no dependable water <br />supply of adequate quality, and receive less than 14 inches of annual precipitation. <br />Therefore, the Division hereby renders a negative determination for the presence of prime <br />farmland within the permit area. (2.07.6(2)(k)). <br />12. Based on information provided in the application, the Division has determined that an <br />alluvial valley floor (AVF) exists within the permit or adjacent area. The alluvial valley <br />floor is adjacent to the White River. A surface water lagoon and associated access roads <br />and water line facilities have been constructed on an undeveloped portion of the alluvial <br />valley floor that is not significant to farming, near the confluence of Scullion Gulch and <br />the White River. Alluvial water level and quality is monitored in this vicinity. Kenney <br />Reservoir, which is to the southwest of the mine site and beyond the permit area, has <br />inundated a significant portion of the AVF within the permit area. The Division finds that <br />the proposed surface coal mining operation will not affect the AVF. <br />For additional specific findings concerning the AVF, please refer to Section B.XIII <br />(2.07.6(2)(k) and 2.06.8(3)(c)). <br />13. The Division hereby approves the post- mining land use of the operation. It was determined <br />that livestock grazing and wildlife habitat uses meet the requirements of Rule 4.16 for the <br />permit area. (2.07.6(2)(1)). <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in <br />the 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)). <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br />27 <br />