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An original haul road certification dated June 7, 1998, and a Road Compliance Statement in Lieu of <br />Certification dated September 18, 1997, is included in Appendix O of the PAP. Rule 4.03. 1 (1)(d)(ii), <br />which became effective in 1996, allows for a relevant showing of compliance with performance <br />standards in lieu of certification. The compliance statement was submitted to address compliance <br />with regulatory requirements that became effective subsequent to road construction and subsequent <br />to the original certification. <br />The Division proposes to approve the following specific variances. <br />Haul Roads <br />1. The Division proposes to approve cut slopes steeper than lv:0.25h in rock. <br />Figure 2.2-5 of the application indicates a section of the road which had to be cut into the canyon <br />wall where the cut slopes are approximately 1v:0.13 horizontal (cross section C -C'). A safety hazard <br />posed by the steep upper portion of the cliff in this location was mitigated by the operator by grading <br />the crest of the slope to 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 contained by the roadside <br />ditch system that is regularly maintained and directs drainage to the sedimentation pond. In the event <br />of a slope failure at this location, slide material would likely block the drainage ditch and accumulate <br />on the road. Any such blockage of the drainage system would be temporary and would not result in <br />significant environmental damage. Neither the road cut slope nor the upper cliff slope above the cut <br />have demonstrated instability since the crest slope reduction was performed. For these reasons, the <br />Division finds that the cut slope steeper than 1v:0.25 in rock will not result in significant <br />environmental harm or harm to the public health and safety (4.03.1(3)(d)(i)). <br />II. Support Facilities — Rule 4.04 <br />Support facilities are discussed under Section 2 of the permit application. <br />Construction of support facilities will not result in damage, destruction, or disruption of oil, gas, or <br />water wells or pipelines, coal slurry pipelines, railroads, or utility lines which pass over, under, or <br />through the permit area. Utility lines pass through the permit area but are not affected by the support <br />facilities. Therefore, the Division previously approved those activities (4.04(6)). <br />III. Hydrologic Balance - Rule 4.05 <br />A. Water Quality Standards and Effluent Limitations <br />All surface drainage from the mine bench/face-up area is directed via the road drainage <br />ditch to a sedimentation pond, to ensure that all discharges meet effluent limits specified in the CDPS <br />discharge permit for the McClane Canyon Mine. <br />A storm water permit also dictates measures for ensuring that all surface runoff water <br />leaving the mine site meets applicable effluent limits. Three small disturbed areas: the office area, <br />topsoil stockpile, and construction dirt stockpile, are not routed to a sediment pond, and are approved <br />as small area exemptions (SAE's). In these areas, sediment control is provided by diversion berms <br />