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WRITTEN REQUEST FROM THE SURFACE OWNER FOR RETENTION OF THE <br />PRIVATELY OWNED SEGMENT OF HAUL ROAD (BETWEEN THE BLM <br />BOUNDARY AND STATE HIGHWAY 139). THE REQUEST WILL INDICATE THE <br />SURFACE OWNER'S CONCURRENCE WITH THE PLAN FOR ROAD RETENTION <br />PRESENTED IN PERMIT SECTION 3.3.1. ALTERNATIVELY, A REVISED <br />RECLAMATION PLAN FOR THE LOWER ROAD SEGMENT DEMONSTRATING <br />COMPLIANCE WITH RULE 4.03.1(7)(a)(i) THROUGH (ix) WILL BE SUBMITTED <br />TO THE DIVISION. <br />The following fmdings apply to the segments of the haul road constructed in 1977: <br />The applicant has provided a relevant showing statement in lieu of certification, <br />demonstrating that the road meets the performance standazds of Rule 4.03.1 <br />(4.03.1(1)(d)(ii)). <br />2. The applicant proposes to modify and retain the road for the post-mining land use, <br />as set forth in permit section 3.3.1. The Division approves the retention of the <br />haul road subject to Stipulation No. 32, as the modified road will accommodate <br />the rangeland postmining land use and will comply with all applicable <br />performance standards (4.03.1(1)(f)). <br />The following findings apply to the 1000 foot segment of the haul road constructed in <br />2004: <br />The 1000 foot segment of haul road constructed in 2004 is within the disturbed <br />area associated with the coal waste disposal site and drainage from the road <br />segment is directed to the waste disposal site sedimentation pond. As such, the <br />road segment is not subject to the design and construction specifications of Rule <br />4.03.1(3), or the certification requirements of Rule 4.03.1(1)(d). Information in <br />the application demonstrates compliance with applicable general requirements of <br />4.03.1(1), location requirements of 4.03.1(2), drainage requirements of 4.03.1(4), <br />surfacing requirements of 4.03.1(5), and maintenance requirements of 4.03.1(6). <br />2. The applicant proposes to modify and retain the 1000 foot segment of haul road <br />constructed in 2004 for the post-mining land use, as set forth in permit section <br />3.3.1. The Division approves the retention of the haul road, as the modified road <br />will accommodate the rangeland post-mining land use and will comply with all <br />applicable performance standazds. The Bureau of Land Management, surface <br />owner of the segment, has requested in writing that the road be retained for the <br />post-mining land use (4.03.1(1)(f)). <br />B. Access Roads <br />The existing access road extends approximately 4360 feet, from the upper (eastern) end <br />of the 2004 haul road segment to the portal bench. A short segment at the lower end <br />19 <br />