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adverse modification of their critical habitats (2.07.6(2)(n)). This finding is based on a <br />telephone consultation with the U.S. Fish and Wildlife Service (FWS) on October 14, <br />1998, during which FWS informed the Division that there would be no objections to the <br />permit renewal. <br />15. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As <br />of this date, MINREC, Inc., the operator, is current in the payment of reclamation fees <br />required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). <br />16. Specific approvals have been granted or are proposed. These approvals are addressed in <br />the following section, Section B (2.07.6(2)(m)). <br />SECTION B <br />The following findings and specific approvals are required by Rule 4: <br />I. Roads -Rule 4.03 <br />A. Haul Roads <br />1. The Division previously approved the retention of the haul road depicted on <br />Map No. D-2-3 of the permit application because it is compatible with the <br />approved post-mining land use, and a request for its retention was submitted <br />by the landowner (4.03.1(1)(f)(i)). <br />R. Hydrologic Balance -Rule 4.05 <br />A. Water Quality Standards and Effluent Limitations <br />1. During active mining, the Division had granted a small area exemption from <br />use of sediment ponds due to the limited size of the area and due to the fact <br />that ponds and treatment facilities are not necessary for the drainage to meet <br />the effluent limitations of Rule 4.05.2 and applicable State and Federal water <br />quality standards for receiving streams and also due to the fact that no mixing <br />of surface drainage with a discharge from underground workings will occur. <br />The small areas exempted were the topsoil stockpiles, fill stockpiles, loadout <br />parking area, and the conveyor corridor above the Kaiser-Siever Ditch, the <br />locations of which are shown on Drawings D-2-5 and D-2-2 of the permit <br />application (4.05.2(3)(b)(i)). <br />2. In 1992, the Division granted an exemption, through Technical Revision No. <br />14, from the use of sediment ponds for sediment control. This exemption was <br />granted after the operator demonstrated that the vegetation on the reclaimed <br />mine site was sufficient to reduce to compliance limits the sediment levels in <br />disturbed area runoff. <br />iz <br />