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4. Any defects in the RDA haul road must be reported immediately with an <br />assessment made as to what vehicles may use the road prior to the remediation of <br />any defects. <br />The RDA haul road has been in place for many years. The earliest Google Earth picture <br />of the mine site is dated September 24, 1999 and the road was in place at that time. <br />According to Map 13, there are five culverts along the road that convey drainage from the <br />inside borrow ditch to the outside of the road and into ephemeral channels. There have <br />not been any problems noted for the road. The road has remained stable and drainage <br />from the road has not caused any problems. The drainage pattern and flows from the <br />RDA road will remain the same whether it is classified as an access road or haul road. <br />Tracking of coal mine waste back onto the haul road should be minimized by NECC's <br />policy of hauling coal mine waste only during dry conditions. <br />The upland drainage area of the haul road is relatively small (less than 16 acres). The <br />upland drainage area is undisturbed oak shrub with a C soil type. Drainage from the haul <br />road flows into CDOT culverts under SH -12 and then into ditches constructed by NECC. <br />The drainage is routed though the ditches and eventually is discharged into the river at <br />C26. <br />A significant amount of work would be required to bring the RDA haul road into <br />compliance with the grade requirements of the Rules. The environmental impact of <br />bringing the existing RDA haul road into compliance with the Rules can be avoided if the <br />existing road configuration can be classified as a haul road. Using the existing RDA as a <br />haul road and thus avoiding the work required to upgrade the road has environmental <br />benefits to demonstrate the RDA haul road will be as environmentally sound and <br />possibly more environmentally sound than complying with the requirements of 4.03.1(3). <br />Additionally, there would be additional disturbed area and additional run -off from the <br />road if work was performed to bring the RDA haul road into compliance with the Rules. <br />I herby certify that using the existing RDA road as a haul road will be as environmentally <br />sound as upgrading the road to comply with the requirements of 4.03.1(3) and taking into <br />consideration the physical, climatological and other characteristics of the site the existing <br />RDA road can achieve reclamation, if required, in accordance with the requirements of <br />Rule 4.03.1(7). Since the road meets the cut and embankment slope requirements of Rule <br />4.03.1(3)(d & e), a minimum static factor of safety of 1.3 is demonstrated. I also certify <br />the haul road has been constructed as designed an in accordancp+ fii roved plan <br />shown on Map 11 Sheet 4. <br />• �Mr o � <br />a <br />�t <br />U <br />Jamesr,. �• Date <br />Colorado iruo�aa`! `engineer <br />Registration No. 19230 <br />2of 2 08/14 <br />