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The longest of the roads is the access to the railroad loadout area. This road was designed for regular traffic along two lanes of travel and for access to the overland conveyor. It was built for all types of highway vehicles going to and from the railroad loadout facility. A portion of the road from Co. Rd. 65 north to the temporary truck dump is currently serving as a haul road as accepted under Rule 4.03.1 (1)(d)(ii). The road, because of its design to handle over-the-road truck traffic is performing admirably. Basing conclusions on the road's "in-use" performance and past performance when railroad ballast was hauled, the lack of sloughing or structural damage and the minimal maintenance. required [o maintain the drainage structures. The railroad/conveyor access road north from Rio Blanco county road 65 appears to meet [he construction and performance requirements of Rule 4.03. I and may be accepted as a haul road under rule 4.03.1 (1)(d)(ii) for the haulage of coal by on-highway [rucks. The remainder of the road to railroad loadout facility was built to the same criteria and would be expected to perform equally as well. The exception of this road's construction to Rule 4.03.2 (2)(a) or 4.03.1 (2)(a) is the location. Because the road was also built as an access for conveyor maintenance it is built next to conveyor and does not conform to the location criteria as listed in the Rule. Statements to this fact are listed in the approved Permit Documents. Because the road is located with the conveyor, all environmental protections mentioned for the conveyor construction can be included with the road's construction. For example, re-seeding of the cut and till slopes. As stated in the Permit documents Page IV-44 concerning access roads reads: Construction specifications were in accordance with the applicable sections of the regulatory agency design criteria listed above. Each construction contract document bound the contractor to the applicable sections of the regulatory documents pertaining to construction. The Permit then continues on to include a further detailed description of the access road construction process. Inspection of these roads confirm that the terms of the construction documents and the Permit language was followed in substantial fashion. These access roads have been maintained during the life of the mine in a fashion consistent with Rule 4.03.2. I have personally traveled the access road network for more than ten years and have always observed that the roads have performed to the expectations of the design criteria. The road surfaces consist of crushed gravel and the dust is controlled with magnesium chloride and water.