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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 />this time, New Elk Coal Company, LLC, 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 />Roads that remain at the site have been re-classified under an industrial land -use (gas <br />extraction) and bond associated with these roads and the gas extraction areas has been <br />released. Roads not approved to remain have been reclaimed. No specific approvals are <br />granted under this section. <br />IL Support Facilities - Rule 4.04 <br />No specific approvals are granted under this section. (4.04(6)) <br />III. Hydrologic Balance - Rule 4.05 <br />A. Water Quality Standards and Effluent Limitations <br />The Division granted small area exemptions from use of sediment ponds due <br />to the limited size of the areas and due to the fact that ponds and treatment <br />facilities are not necessary for the drainage to meet the effluent limitations of <br />Rule 4.05.2 and applicable State and Federal water quality standards for <br />receiving streams and also due to the fact that no mixing of surface drainage <br />with a discharge from underground workings will occur. The small areas to <br />be exempted are identified on Map 11, Sediment and Surface Water Control <br />Plan, as SAE's No. 1-17. With the exception of the NW -1 ventilation shaft <br />SAE, all other areas have been final bond released (4.05.2(3)(b)(i)). <br />B. Surface and Ground Water Monitoring <br />The applicant demonstrated that ground water monitoring was no longer <br />necessary and the Division approved the termination of ground water <br />monitoring as documented in the SL -06 bond release written findings (August <br />2008) (4.05.13(1)): <br />12 <br />