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Based on information provided in the Permit, the Division has determined that alluvial valley floors <br />exist within the permit or adjacent azeas. These alluvial valley floors aze known as Goodspring <br />Creek, Wilson Creek and Lower Elkhorn Creek. There is a potential that Goodspring Creek and <br />Wilson Creek may be affected by mining operations. The Division finds, however, that operations <br />and reclamation activities comply with the requirements of Rules 2.06.8(3)(c), 2.06.8(4), 2.06.8(5), <br />and 2.07.6(2)(k). For additional specific findings concerning these alluvial valley floors, please see <br />Section B, Item XVII of this document. <br />I. Land Use. The Division approved the post-mining land use of the operation as rangeland. It was <br />determined that range and wildlife use meets the requirements of Rule 4.16 for the permit azea [in <br />compliance with Rule 2.07.6(2)(1)]. <br />J. Specific Approvals. Specific approvals required under Rule 4 have been granted. These approvals <br />aze addressed in Section B of this document [in compliance with Rule 2.07.6(2)(m)]. <br />K. Endangered or Threatened Species. The Division finds that the activities proposed by the <br />Applicant would not affect the continued existence of endangered or threatened species or result in <br />the destruction or adverse modification of their critical habitats [in compliance with <br />Rule 2.07.6(2)(n)]. (See Letters, 28 July 1997 and July 29, 1997, United States Department of the <br />Interior, Bureau of Land Management, as Attachments 5 and 6, also found in Exhibit 10 of the <br />Permit). Additionally, through a request by the Office of Surface Mining, the USFWS performed a <br />formal Section 7 consultation (a biological assessment) for threatened and endangered species at the <br />Colowyo Mine. On 9 Mazch 2007 the USFWS responded to the OSM and issued a "Final Biological <br />Opinion" stating that the proposed activities in the South Taylor area would not affect the fisted <br />threatened and endangered species. <br />L. Fees. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of 4 <br />May 2007, the Operator is current in the payment of reclamation fees required by 30 CFR Chapter <br />VII, subchapter R. [In compliance with Rule 2.07.6(2)(0).] <br />Section B -Findings and Specific Approvals Required by Rule 4 <br />I. Roads -Rule 4.03 <br />The Permit is found to be in compliance with the requirements ofRule 4.03. Information on roads is <br />presented on pages 2.05-20 through 2.05-21, Section 4.03, and Map 25 of the Permit. Three types of <br />roads are described in the Permit: haul roads, an access road that has been redesignated as a haul <br />road, and light-use roads. <br />A. Haul Roads -Rule 4.03.1. The main haul road (Haul Road A), which runs approximately four <br />miles from the active pit area to the secondary crusher at the loadout, has been paved with asphalt <br />(Permit, page 4.03-1). Haul Road B was once designated as the Access Road (Permit, page 4.03-1). <br />Proposed Decision and Findings of Compliance 4 May 2007 <br />Permit Revision 02 Page 30 <br />