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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 /> 15. The Division fords 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 /> 16. The Division has contacted the OSM Fees Branch. As of the date of these findings, MCC <br /> is current in the payment of reclamation fees required by 30 CFR Chapter VII, subchapter <br /> R [2.07.6(2)(0)]. MCC's compliance information was verified through the use of the AVS <br /> on August 12, 2020. <br /> Section B - Rule 4 <br /> L Roads - Rule 4.03 <br /> A. Haul Roads <br /> 1. No roads on the West Elk Mine site are specifically designated or utilized as <br /> only haul roads. A majority of the roads are considered both haul and access <br /> roads. They are primarily used as access roads, but occasionally coal or coal <br /> mine waste is hauled across the road. This classification includes the <br /> following roads: <br /> a. Main Haul/Access Road - from Highway 133 to the intersection with the <br /> Upper Mine haul/access road; <br /> b. Upper Mine Haul/Access Road—from the Main haul/access road to the <br /> Portal access road; <br /> c. Middle Mine Haul/Access Road—from the Main haul/access road to the <br /> breaker building <br /> d. Sylvester Gulch Haul/Access Road—from the Main haul/access road to <br /> the Shaft 1 and 2 areas <br /> e. Silo Haul/Access Road—around the silos and lower stack tube pad <br /> As coal or coal mine waste may be hauled on the above roads, all of the roads <br /> have been designed, constructed and certified as haul roads. As-built <br /> certifications are provided in Exhibit 8A of the permit document. A discussion <br /> of the haul/access roads is found in Section 2.05.3 in Volume 1 of the permit <br /> document. The designs are in compliance with Rules 2.05.3 and 4.03.1. <br /> Haul/access roads are shown on Map 53 and 53B. <br /> 32 <br />