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of 1,700,000 tons per year (which is more than double the projected maximum annual production <br /> during the permit term). Because the projected annual depletion is less than 100 acre feet, the <br /> referenced depletion fee waiver remains applicable. <br /> 16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch.As of this time, <br /> the operator is current in the payment of reclamation fees required by 30 CFR Chapter VII, <br /> subchapter R(2.07.6(2)(o)). Current payment was verified through AVS checks on July 3, 2003 and <br /> January 4,2005. <br /> SECTION B-Rule 4 <br /> I. ROADS-Rule 4.03 <br /> Road design and construction narrative is found in Section 2.2.2 of the permit application package <br /> (PAP). Road reclamation is discussed in Section 3 of the PAP. Road plan and profile maps, and <br /> cross sections are provided on Exhibits 2.24 and 2.2-5. Permitted roads are an existing <br /> access/haul road extending from State Highway 139 to the portal facilities area which was <br /> constructed in the spring of 1977,and light use roads in the sediment pond/soil stockpiles vicinity. <br /> The operator has committed to reclaim all roads to approximate original contour (AOC), with no <br /> 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 in Lieu <br /> of Certification dated September 18, 1997, is included in Appendix O of the PAP. Rule <br /> 4.03.1(1)(d)(ii), which became effective in 1996, allows for a relevant showing of compliance <br /> with performance standards in lieu of certification. The compliance statement was submitted to <br /> address compliance with regulatory requirements that became effective subsequent to road <br /> construction and subsequent to the original certification. <br /> The Division proposes to approve the following specific variances. <br /> A. Haul Roads <br /> 1. The Division proposes to approve cut slopes steeper than lv:0.25h in rock. Figure 2.2-5 of <br /> the application indicates a section of the road which had to be cut into the canyon wall where <br /> the cut slopes are approximately 1v:0.13 horizontal (cross section C-C'). A safety hazard <br /> posed by the steep upper portion of the cliff in this location was mitigated by the operator by <br /> grading the crest of the slope to a lesser grade, in the spring of 1988. <br /> Possible slides from this cut slope do not present a potential for serious environmental harm. <br /> Any small debris from the cut slope or cliff above is contained by the roadside ditch system <br /> that is regularly maintained and directs drainage to the sedimentation pond. In the event of a <br /> slope failure at this location, slide material would likely block the drainage ditch and <br /> accumulate on the road. Any such blockage of the drainage system would be temporary and <br /> would not result in significant environmental damage. Neither the road cut slope nor the <br /> upper cliff slope above the cut have demonstrated instability since the crest slope reduction <br /> was performed. For these reasons, the Division finds that the cut slope steeper than 1v:0.25 <br /> in rock will not result in significant environmental harm or harm to the public health and <br /> safety (4.03.1(3)(d)(i)). <br /> 12 <br />