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observed, however, the nesting area is the Dolores River canyon located 40 miles away. <br />Therefore, it is not anticipated that impacts will occur to this species as a result of mining <br />activities. <br />The bald eagle has been identified as a winter resident in the San Miguel River Valley. No <br />communal roosting and/or feeding areas were identified. Therefore, due to the lack of these <br />areas and the proximity of the town of Nucla, impacts to this species is precluded. <br />The Division finds that the activities proposed by the applicant would not affect the continued <br />existence of endangered or threatened species or result in the destruction or adverse <br />modification of their critical habitats (2.07.6(2)(n)). <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of this <br />time, February 11, 1998, the operator is current in the payment of reclamation fees required by <br />30 CFR Chapter VII, subchapter R (2.07.6(2}(0)). <br />Section B -Rule 4 <br />Roads <br />A. Haul Roads <br />Altemative criteria and specifications were used during the design of haul roads. <br />These criteria and specifications are proposed for approval by the Division <br />following an analytical demonstration that the roads will be environmentally <br />sound, have a minimum static safety factor of 1.3, and reclamation can be <br />achieved. The proposed criteria and specifications pertain to the portion of the <br />haul road going through pond 007 (4.03.1(1)(e}). <br />2. The applicant has made a demonstration, based on site specific precipitation rates, <br />percent of grade, and soil properties, that use of alternative specifications for <br />culvert sizing will not result in increased erosion. The Division has approved the <br />use of the alternative specifications for the culverts on the extension of W. 5th <br />Street (4.03.1(4)(e)(vi)). <br />3. Alternative criteria and specifications were used during the design of the <br />reconstrnction of county BB road, 2700 road, and the detour road. The criteria <br />used were the Montrose County Road and Bridge specifications for collector <br />roads. Details of these specifications can be found in section 2.05.3(3)-10 of the <br />permit. <br />to <br />