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<br /> <br /> <br /> <br /> 25 <br />13. The Division hereby approves the post-mining land use of the operation. It was <br />determined that livestock grazing and wildlife habitat uses meet the requirements of Rule <br />4.16 for the permit area (2.07.6(2)(1)). <br /> <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in <br />the following section, Section B (2.07.6(2)(m)). <br /> <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 /> <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br />this time, Blue Mountain Energy, Inc., the operator is current in the payment of <br />reclamation fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(o)). <br /> <br />Section B - Rule 4 <br /> <br />I. Roads - Rule 4.03 <br /> <br /> A. Haul Roads <br /> <br /> Haul roads are discussed under Section IV.D.2 of the permit application. <br /> <br />1. The refuse haul road was designed before Colorado gained primacy for surface <br />inspection and therefore the original design and referenced standards are from 30 <br />CFR part 817. The referenced standards were re-numbered, with the <br />appropriated Federal standards listed as 30 CFR 817.150 and 30 CFR 817.151. <br />The corresponding CDRMS standard is Rule 4.03.1. <br /> <br /> B. Access Roads <br /> <br /> Access roads are discussed under Section IV.H.3 of the permit application. <br /> <br />1. All access roads meet the requirement of Section 4.03.2, with the exception of <br />the conveyor/loadout access road. Based on information presented in the <br />operator’s relevant showing submitted December 2, 1996 and CDRMS <br />inspection observations, a variance from the access road location requirement <br />was approved for the conveyor/loadout access road, pursuant to 4.03.2(1))e). <br /> <br />II. Support Facilities - Rule 4.04 <br /> <br /> Support facilities are discussed under Sections IV.B, IV.C, IV.D, IV.H, IV.O and IV.P <br />of the permit application. <br /> <br /> A. Construction of support facilities will not result in damage, destruction, or <br />disruption of oil, gas, or water wells or pipelines, coal slurry pipelines, railroads, or