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March 26, 2002 Page 3 of 12 Pages Rule 4.04.3(1)(a) Each person who conducts surface coal mining operations shall de-sign, construct or reconstruct, utilize, and maintain light-use roads to control or prevent erosion and siltation, air and water pollution, and damage to public or private property. The application indicates compliance with this rule. There aze no perennial drainages crossed by the proposal. Routes are selected in cooperation with the USFS. Provisions are included to minimize damage to vegetation. Water bars and appropriate sedimentation controls aze proposed. Rule 4.04.3(1)(b) To the extent possible using the best technology currently available, light-use roads shall not cause damage to fsh, wildlife, and related environmental values and shall not cause additional contributions of suspended solids to streamflow or to runoff outside the permit area. Any such contributions shall not be in excess of limitations of State or Federal law. Prudent dust control practices shall be used as necessary to comply with 4.17. The application indicates compliance with this rule. No fish resources are identified (no perennial streams). There are no threatened or endangered species in the azea (as reported by survey findings). The azea is habitat for a number of animals, including elk, deer, and bear. But the entire proposed disturbance is only 70 acres. Also, timing of activities is to be such that impacts on these animals are minimized. Sediment control is proposed. Rule 4.04.3(1)(c) To the extent that the anticipated volume or weight or speed of vehicles to be used requires higher standards than those set forth in 4.03.3, such higher standards shall be incorporated in the design, construction, and reconstruction or maintenance of light-use roads. The application identifies proposed use of the roads. The USFS in their EA classify the roads as temporary or classified roads, with a design speed of 15 mph. No higher standards appear to be warranted. Rule 4.04.3(1)(d) All light-use roads shall be completely removed and the land affected regraded to the approximate original contour and revegetated in accordance with the requirements of 4.03.3(7) except where 4.03.3(2)(e) shall apply. The application indicates that roads will be reclaimed when MCC decides that the drill holes are not performing their intended purposes. Contemporaneous reclamation is to be conduced to the extent possible. Road are to be restored as closely as possible to the approximate original contour, re-seeded, fertilized, and mulched. The EA also requires reclamation. Rule 4.04.3(2) Location. Rule 4.04.3(2)(a) Light-use roads shall be located on ridges or on the most stable available slopes to minimize erosion.