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from Richard P. Krueger of the USFWS to Sandy Vana-Miller of OSM,USFWS clarified <br /> that,pursuant to a 1997 USFWS biological opinion, depletion fees are no longer required for <br /> annual depletions of 100 acre feet or less (see Appendix P of the approved permit <br /> application). Based on a revised water consumption estimate of January 24, 2002, prepared <br /> in association with TR-11 and RN-05 (Appendix P of the PAP), it was determined that the <br /> McClane Canyon operation would result in a maximum water loss of 13.39 acre feet per <br /> year, at a projected coal production level of 1,700,000 tons per year(which is more than <br /> triple the projected maximum annual production during the RN-06 permit term). Because <br /> the projected annual depletion is less than 100 acre feet,the referenced depletion fee waiver <br /> remains applicable. <br /> 16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br /> this time, ARC McClane Canyon, LLC,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 /> Section B - Rule 4 <br /> L 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 <br /> roads are an existing access/haul road extending from State Highway 139 to the portal <br /> facilities area which was constructed in the spring of 1977, and light use roads in the <br /> sediment 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 /> Haul Roads <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 <br /> cut into the canyon wall where the cut slopes are approximately 1v:0.13 <br /> horizontal (cross section C-C'). A safety hazard posed by the steep upper <br /> portion of the cliff in this location was mitigated by the operator by grading the <br /> crest of the slope to a lesser grade, in the spring of 1988. <br /> xiii <br />