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For additional information concerning the presence of alluvial valley floors along Dry <br />Creek and Sage Creek, please see Volume 1, Tab 7 of the permit application and <br />Section B, Item XIV of this document. <br />13. The Division hereby approves the post- mining land uses proposed for this operation. It was <br />determined that the proposed postmining land uses, grazing lands (consisting of dryland <br />pasture, improved pasture, and rangeland),wildlife habitat, and cropland meet the <br />requirements of 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 the <br />following section, Section B. (2.07.6(2)(m)). <br />15. Both the Colorado Parks and Wildlife (formerly Colorado Division of Wildlife) and the <br />United States Fish and Wildlife Service ( USFWS) were notified of Permit Renewal No. 4 <br />Their comments were requested regarding potential impacts to threatened and endangered <br />species. On September 4, 2013, USFWS notified OSM that a Section 7 consultation would <br />not be necessary for RN4. This determination was forwarded to DRMS on September 30, <br />2013. <br />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)). Please refer to Section B, Item <br />XII of this document for details. <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br />this time, HGT is current in the payment of reclamation fees required by 30 CFR Chapter <br />VII, subchapter R. (2.07.6(2)(0)). <br />Part B - Findings required by Rule 4 <br />The following findings and specific approvals are required by Rule 4 <br />L Roads - Rule 4.03 <br />Information on roads is presented in Volume 2, Tab 12 and Exhibit 12 -1 of the permit <br />application. The only road within the permit boundary is the 4.1 mile TAHR. The <br />railroad spur is approximately 3.3 miles long and begins 0.3 miles from the town of <br />Hayden; it serves as a connection to the existing Denver and Rio Grande Railroad (see <br />Exhibit 12 -1, "Facilities Map "). Haul road HGLF -HR1 and the access road were <br />reclaimed in 2011 to the approved post mining topography. A partial phase I bond <br />release including reclamation of the HGLF -HR1 and access road was approved on July <br />27, 2012 (SL I). The remaining TAHR and parking lot will be reclaimed to AOC and <br />revegetated unless retention of a road is approved as part of the approved post- mining <br />land use, the road complies with all applicable performance standards, and the <br />landowner requests in writing to the Division that the road (or a segment of it) is to be <br />left open for further use. <br />Hayden Gulch 20 February 11, 2014 <br />