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~~ <br /> <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in the <br />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, January 20, 1994, the operator is current in the payment of reclamation fees <br />required by 30 CFR Chapter VII, subchapter R (2.07.6(21(0)1. <br />SECTION B <br />The following findings and specific approvals are required by Rule 4. <br />Roads -Rule 4.03 <br />A. Light-Use Roads <br />1 . The Division has approved the location of a portion of a light-use road <br />in the channel of an ephemeral stream with an upstream watershed of <br />at lease one square mile. The approval was granted because Culvert <br />C-23 can pass the flow underneath the light-use road (4.03.312)(bll. <br />II. Hvdrologic Balance -Rule 4.05 <br />A. Water Quality Standards and Effluent Limitations <br />1. The Division has granted small area exemptions from use of sediment <br />ponds due to the limited size of the areas and due to the fact that <br />ponds and treatment facilities are not necessary for the drainage in <br />these specific areas to meet the effluent limitations of Rule 4.05.2 and <br />applicable State and Federal water quality standards for receiving <br />streams and also due to the fact that no mixing of surface drainage <br />with a discharge from underground workings will occur. The small <br />areas to be exempted are shown on Map 11 , Sediment and Surface <br />Water Control Plan, as SAES No. 1 through 17 (4.05.2(3)Ib1(i)). <br />B. Stream Channel Diversions <br />The Division has approved the diversion of an ephemeral stream <br />draining at least one square mile. This decision is based on a finding <br />that the diversion of a portion of Ciruela Canyon meets the <br />requirements of 4.05.18 and 4.05.4, applicable local, State and <br />Federal statutes and regulations, and that the diversion is designed to <br />safeguard public safety and to minimize adverse impacts to the <br />hydrologic balance (4.05.4(1) and (4)). <br />11 <br />