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14. Specific approvals have been granted or are proposed. These approvals <br />are addressed in the following section, Section 8 (2.07.6(2)(m)). <br />15. The Division finds that the activities proposed by the applicant would <br />not affect the continued existence of endangered or threatened species or <br />result in the destruction or adverse modification of their critical <br />habitats (2.07.6(2)(n)). This finding is based on the lack of response <br />to March 1, 1993 letters from the Division to the Colorado Division of <br />Wildlife (COW) and the U.S. Fish and Wildlife Service (FWS). The letters <br />notified CDW and FWS of the permit renewal application and requested an <br />assessment by CDW and FWS by April 30, 1993. The letter also stated that <br />the absence of a response by the above date would be interpreted by the <br />Division to mean that CDW and FWS had no objections to the permit renewal. <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees <br />Branch. As of this time, August 12, 1993, MINREC, Inc., the operator, is <br />current in the payment of reclamation fees required by 30 CFR Chapter <br />VII, subchapter R (2.07.6(2)(0)). <br />SECTION B <br />The following findings and specific approvals are required by Rule 4: <br />Roads - Rule 4.03 <br />A. Haul Roads <br />The Division approved the retention of the haul road depicted <br />on Map No. D-2-3 of the permit application because it is <br />compatible with the approved post-mining land use, and a <br />request for its retention was submitted by the landowner <br />(4.03.1(1)(f)(i)). <br />II. Hydroloaic Balance - Rule 4.05 <br />Water Quality Standards and Effluent Limitations <br />The Division proposes to grant a small area exemption from use <br />of sediment ponds due to the limited size of the area and due <br />to the fact that ponds and treatment facilities are not <br />necessary for the drainage to meet the effluent limitations of <br />Rule 4.05.2 and applicable State and Federal water quality <br />standards for receiving streams and also due to the fact that <br />no mixing of surface drainage with a discharge from underground <br />workings will occur. The small areas to be exempted are the <br />topsoil stockpiles, fill stockpiles, loadout parking area, and <br />the conveyor corridor above the Kaiser-Siever Ditch, whose <br />locations are shown on Drawings D-2-5 and D-2-2 of the permit <br />application (4.05.2(3)(b)(i)). <br />The Division proposes to grant an exemption from use of <br />sediment ponds for drainage from underground mine workings <br />since no mixing with surface drainage will occur and due to the <br />~i_ <br />