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13. The Division hereby approves the post-mining land use of wildlife habitat, grazing and <br />recreation. It was determined that this land use meets the requirements of Rule 4.16 for the <br />permit area (2.07.6(2)(1)). <br />14. Specific approvals have been granted or aze 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 />SECTION B <br />The following findings and specific approvals aze required by Rule 4 <br />I. Roads -Rule 4.03 <br />A. Haul Roads <br />1. The haul road at the Blue Ribbon Mine was a 2,200 foot haul road connecting <br />the mine bench with the county road system (Delta County Road 4405 <br />Drive), and can be found in Exhibit A in the permit application. The plan, <br />profile and cross sections of this road can be found in Exhibit U. The haul <br />road was constructed prior to the effective date of the Act and was not <br />designed to meet the specific requirements of Rule 4.03. <br />Design and construction information presented by Blue Ribbon Coal <br />Company has shown the haul road was primarily in compliance with the <br />criteria of Rule 4.03.1(3). The only azea in which the haul road was not in <br />compliance with the specific requirements of Rule 4.03.1(3), was the <br />excessive slope of the road cut, Rule 4.03.1(3)(c)(i). <br />Blue Ribbon Coal Company provided a geotechnical analysis performed by <br />Rocky Mountain Geotechnical which indicates a variable static safety factor <br />dependent upon the depth of colluvium in the cut face. This certified report <br />indicates that road cuts along the haul road aze moderately stable to very <br />stable wherever excavations penetrate a thickness of not more than 10.5 feet <br />of colluvial soil. Rocky Mountain Geotechnical, after further review, <br />determined that colluvium in excess of 10.5 feet in thickness exists between <br />stations 6+00 and 10+00. In fact, two landslide features were observed <br />adjoining the access road within that segment. It had been observed that these <br />landslide features appeared to have progressed upslope to their expected <br />maximum extent. It was determined, and the Division agreed, that any <br />13 <br />