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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, or in the case of Bald eagles, "may affect, <br />but not likely to adversely affect" due to potential collisions with power lines. Due to the <br />proximity of golden eagle nests within the permit area as identified by the U.S. Fish and <br />Wildlife Service, the Division previously attached Stipulation No. 4 to the permit. This <br />stipulation imposed seasonal limitations on surface disturbances near the nests. This <br />stipulation was withdrawn during the review of Permit Renewal RN -03 as its requirements <br />were incorporated into Section 4.18 of the permit (2.07.6(2)(n)). <br />Updates to state and federally listed species considered to be threatened or endangered <br />were provided May 12, 2014 (TR36). The updated information regarding Threatened and <br />Endangered Species is found in Appendix 15A. The updated wildlife information was <br />forwarded to the Office of Surface Mining on May 13, 2014. OSM provided a Section 7 <br />Consultation reply on July 14, 2014. OSM concluded a Section 7 consultation with the US <br />Fish and Wildlife Service was not necessary at the time of Permit Renewal No. 6 because <br />there are "no effect" determinations in addition to no mining /reclamation activities at this <br />time. <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. The <br />permittee was current in the payment of Reclamation fees as required by 30 CFR Chapter <br />VII, subchapter R (2.07.6(2)(0)). <br />Section B — Findings and Specific Approvals Required by Rule 4 <br />Section 2.07.6(2)(m) requires that the Division make all specific approvals required in Rule 4 <br />prior to approving a permit. The following findings and specific approvals are required by Rule <br />4. <br />Roads - Rule 4.03 <br />The permittee presents a discussion of roads in Section 4.03 of Volume 2 of the permit <br />application. Road locations and designs are presented in Exhibit 17 and on Map 27. <br />The Division reviewed these designs for compliance with the design and performance <br />standards of Rule 4.03. <br />There are approximately 1.8 miles of haul road, 3.0 miles of access road, and 2.5 miles <br />of light -use roads. Most roads found at the Williams Fork Mines are located on gentle <br />slopes of less than 5 percent grade. Only light -use roads which give access to <br />monitoring sites are found on steeper slopes. The permittee is not proposing any new <br />roads. All roads are existing structures. <br />The design report prepared by C.T.L. Thompson (Exhibit 17) demonstrates that the <br />existing roads were designed with sound engineering practices and are structurally <br />Williams Fork Mines 18 Permit Renewal 06 <br />C- 1981 -044 December 8, 2014 <br />