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observed, however, the nesting area is the Dolores River canyon located 40 miles away. <br /> Therefore, it is not anticipated that impacts will occur to this species as a result of mining <br /> activities. <br /> The bald eagle has been identified as a winter resident in the San Miguel River Valley. No <br /> communal roosting and/or feeding areas were identified. Therefore. due to the lack of these <br /> areas and the proximity of the town of Nucla, impacts to this species is precluded. <br /> The Division finds that the activities proposed by the applicant would not affect the continued <br /> existence of endangered or threatened species or result in the destruction or adverse <br /> 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 this <br /> time, February 11, 1998, the operator is current in the payment of reclamation fees required by <br /> 30 CFR Chapter VII, subchapter R (2.07.6(2)(o)). <br /> Section B - Rule 4 <br /> I. Roads <br /> A. Haul Roads <br /> 1. Alternative criteria and specifications were used during the design of haul roads. <br /> These criteria and specifications are proposed for approval by the Division <br /> following an analytical demonstration that the roads will be environmentally <br /> sound, have a minimum static safety factor of 1.3, and reclamation can be <br /> achieved. The proposed criteria and specifications pertain to the portion of the <br /> haul road going through pond 007 (4.03.1(1)(e)). <br /> 2. The applicant has made a demonstration, based on site specific precipitation rates, <br /> percent of grade, and soil properties, that use of alternative specifications for <br /> culvert sizing will not result in increased erosion. The Division has approved the <br /> use of the alternative specifications for the culverts on the extension of W. 5th <br /> Street (4.03.1(4)(e)(vi)). <br /> 3. Alternative criteria and specifications were used during the design of the <br /> reconstruction of county BB road, 2700 road, and the detour road. The criteria <br /> used were the Montrose County Road and Bridge specifications for collector <br /> roads. Details of these specifications can be found in section 2.05.3(3)-10 of the <br /> permit. <br /> 18 <br />