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the following section, Section B (2.07.6(2)(m)). <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 /> 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 /> Section B - Rule 4 <br /> I. Roads - Rule 4.03 <br /> A. Haul Roads <br /> Haul roads are discussed under Section IV.D.2 of the permit application. <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 /> B. Access Roads <br /> Access roads are discussed under Section IV.H.3 of the permit application. <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 /> II. Support Facilities - Rule 4.04 <br /> Support facilities are discussed under Sections IV.B, IV.C, IV.D, IV.H, IV.O and IVY <br /> of the permit application. <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 <br /> utility lines which pass over, under, or through the permit area. Utility lines pass <br /> through the permit area but are not affected by the support facilities. Therefore the <br /> Division previously approved those activities (4.04(6)). <br /> III. Hydrologic Balance - Rule 4.05 <br /> xxiv <br />