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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 />this time, Blue Mountain Energy, Inc., the operator is current in the payment of <br />reclamation fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). <br />Section B - Rule 4 <br />Roads - Rule 4.03 <br />A. Haul Roads <br />Haul roads are discussed under Section IV.D.2 of the permit application. <br />The refuse haul road was designed before Colorado gained primacy for surface <br />inspection and therefore the original design and referenced standards are from 30 <br />CFR part 817. The referenced standards were re- numbered, with the <br />appropriated Federal standards listed as 30 CFR 817.150 and 30 CFR 817.151. <br />The corresponding CDRMS standard is Rule 4.03.1. <br />B. Access Roads <br />Access roads are discussed under Section IV.H.3 of the permit application. <br />All access roads meet the requirement of Section 4.03.2, with the exception of <br />the conveyor /loadout access road. Based on information presented in the <br />operator's relevant showing submitted December 2, 1996 and CDRMS <br />inspection observations, a variance from the access road location requirement <br />was approved for the conveyor /loadout access road, pursuant to 4.03.2(l))e). <br />IL Support Facilities - Rule 4.04 <br />Support facilities are discussed under Sections IV.B, IV.C, IV.D, IV.H, IV.O and IVY <br />of the permit application. <br />A. Construction of support facilities will not result in damage, destruction, or <br />disruption of oil, gas, or water wells or pipelines, coal slurry pipelines, railroads, or <br />utility lines which pass over, under, or through the permit area. Utility lines pass <br />through the permit area but are not affected by the support facilities. Therefore the <br />Division previously approved those activities (4.04(6)). <br />III. Hydrologic Balance - Rule 4.05 <br />Volume 1, Section ILC of the Deserado Mine permit application includes an assessment <br />25 <br />