2020-08-20_REVISION - C1980007 (36)

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14. Specific approvals have been granted or are proposed. These approvals are addressed in the following section, Section B [2.07.6(2)(m)]. 15. The Division fords that the activities proposed by the applicant would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats (2.07.6(2)(n)). 16. The Division has contacted the OSM Fees Branch. As of the date of these findings, MCC is current in the payment of reclamation fees required by 30 CFR Chapter VII, subchapter R [2.07.6(2)(0)]. MCC's compliance information was verified through the use of the AVS on August 12, 2020. Section B - Rule 4 L Roads - Rule 4.03 A. Haul Roads 1. No roads on the West Elk Mine site are specifically designated or utilized as only haul roads. A majority of the roads are considered both haul and access roads. They are primarily used as access roads, but occasionally coal or coal mine waste is hauled across the road. This classification includes the following roads: a. Main Haul/Access Road - from Highway 133 to the intersection with the Upper Mine haul/access road; b. Upper Mine Haul/Access Road—from the Main haul/access road to the Portal access road; c. Middle Mine Haul/Access Road—from the Main haul/access road to the breaker building d. Sylvester Gulch Haul/Access Road—from the Main haul/access road to the Shaft 1 and 2 areas e. Silo Haul/Access Road—around the silos and lower stack tube pad As coal or coal mine waste may be hauled on the above roads, all of the roads have been designed, constructed and certified as haul roads. As-built certifications are provided in Exhibit 8A of the permit document. A discussion of the haul/access roads is found in Section 2.05.3 in Volume 1 of the permit document. The designs are in compliance with Rules 2.05.3 and 4.03.1. Haul/access roads are shown on Map 53 and 53B. 32