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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)). Both the Colorado Division <br />of Wildlife and the U.S. Fish and Wildlife Service were notified of Permit Revision-2, and <br />concerns were specifically solicited with respect to potential effects of the operation on <br />endangered or threatened species of plants or animals. Neither agency expressed concern <br />that the proposed operation would affect the continued existence of endangered or <br />threatened species, or result in the destruction or adverse modification of their critical <br />habitats. This finding is based on the U.S. Fish and Wildlife Service letters dated October <br />17, 1998 and October 7, 1999. <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As <br />of this time, Seneca Coal Company, the operator is current in the payment of reclamation <br />fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). <br />SECTION B -Rule 4 <br />I. Roads -Rule 4.03 <br />The Seneca II-W Mine utilizes three types of roads within the permit area. Haul roads <br />will be used to haul coal from the pit to the Hayden Station or the Hayden Gulch <br />Loadout. One access road is permitted to access the shop facilities of the coal carrier at <br />the east end of Tie Across Haul Road (TAHR). A number of existing light use roads aze <br />used to gain access to monitoring facilities and reclamation azeas. All roads within the <br />permit boundary aze depicted on Exhibits 12-2 and 12-3 and discussed in Tab 13. <br />A. Haul Roads ~~ ~~ <br />Haul Roads A~)G;' portion of F and H have been constructed at the Seneca II-W <br />Mine. In ad~ttton,.approximately 4.1 miles of the Tie Across Haul Road (TAHR) <br />was constructed from the Hayden Power Station to Routt County Road $3. Roads <br />that are permitted, but not yet constructed are Haul Roads B, C, D, E, a portion of <br />F, I, J and K. Haul roads H, I, J and K will be constructed as mining proceeds into <br />the II-W south extension area. All haul roads are depicted on Exhibits 12-2 and 12- <br />3. As-built certifications for constructed haul roads and the design plans for <br />proposed haul roads aze presented in Tab 13. <br />The culvert designs in the permit depict several multiple culverts for a road crossing. <br />In all cases where the multiple culverts aze used, the combined end areas are greater <br />than 3$ square feet. Rule 4.03.1(4)(e)(i) requires all culverts with end areas greater <br />than 3$ square feet be designed to convey flows from the 20-yeaz-24-hour storm. <br />The applicant has complied with this regulation. <br />Seneca iI-W Findings Document ]$ November 3, 1999 <br />