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16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br />this time, the operator is current in the payment of reclamation fees required by 30 CFR <br />Chapter VII, subchapter R (2.07.6(2)(0)). <br />SECTION B - Rule 4 <br />I. ROADS - RULE 4.03 <br />Road design and construction narrative is found in Section 2.2.2 of the permit application <br />package (PAP). Road reclamation is discussed in Section 3 of the PAP. Road plan and <br />profile maps, and cross sections are provided on Exhibits 2.2-4 and 2.2-5. Permitted roads <br />are an existing access/haulroad extending from State Highway 139 to the portal facilities <br />area which was constructed in the spring of 1977, and light use roads in the sediment <br />pond/soil stockpiles vicinity. <br />The operator has committed to reclaim all roads to approximate original contour (AOC), <br />with no road segments to be retained for the post mining land use. <br />An original haul road certification dated June 7, 1998, and a Road Compliance Statement <br />in Lieu of Certification dated September 18, 1997, is included in Appendix O of the PAP. <br />Rule 4.03.1(1)(d)(ii), which became effective in 1996, allows for a relevant showing of <br />compliance with performance standards in lieu of certification. The compliance statement <br />was submitted to address compliance with regulatory requirements that became effective <br />subsequent to road construction and subsequent to the original certification. <br />The Division proposes to approve the following specific variances. <br />1. The Division proposes to approve cut slopes steeper than 1v:0.25h in rock <br />Figure 2.2-5 of the application indicates a section of the road which had to be cut <br />into the canyon wall where the cut slopes are approximately 1v:0.13 horizontal <br />(cross section C -C'). A safety hazard posed by the steep upper portion of the cliff <br />in this location was mitigated by the operator by grading the crest of the slope to <br />a lesser grade, in the spring of 1988. <br />Possible slides from this cut slope do not present a potential for serious <br />environmental harm. Any small debris from the cut slope or cliff above is <br />contained by the roadside ditch system that is regularly maintained and directs <br />drainage to the sedimentation pond. In the event of a slope failure at this location, <br />slide material would likely block the drainage ditch and accumulate on the road <br />Any such blockage of the drainage system would be temporary and would not <br />result in significant environmental damage. Neither the road cut slope nor the <br />upper cliff slope above the cut have demonstrated instability since the crest slope <br />reduction was performed. For these reasons, the Division finds that the cut slope <br />steeper than 1v:0.25 in rock will not result in significant environmental harm or <br />harm to the public health and safety (4.03.1(3)(d)(i)). <br />20 <br />