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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 />16. The Division has contacted the Office of Surface Mining, Rechunation Fees Branch. <br />As of this time, Western Fuels-Utah, Incorporated, the operator is current in the <br />payment of reclamation fees required by 30 CFR Chapter VII, subchapter R <br />(2.07.6(2)(0)). <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 />Information dealing with road design and construction for the Deserndo Mine is <br />presented in Sections IV.D.2 rs haul mad , IV.G (County Road 65), and <br />IV.H.3 (access an g t- uty roads) foun m Volume 4 of the permit application. <br />The pemtittee constructed the refuse haul mad and access roads to the water <br />storage tanks, the alluvial wells on the White River, the ventilation entry, the <br />explosives storage area, and the raihoad loadout in accordance with Rule 4.03.2 <br />of the Colorado Regulatory Program due to the long duration of use over the life <br />of the mine. A maintenance mad has been built parallel to the overland conveyor <br />which connects the preparation plant with the railroad storage area. The permittce <br />anticipates that use of this road will be infrequent; therefore, it is classified as a <br />light-duty mad. The ce itt . also has rmm~letPd nnmadina work nn ounty <br />Road 65 according to specifications for access roads. <br />The permittee has stated that because the refuse haul road north of County Road <br />65 will partially replace an existing unimproved mad, this portion of the haul road <br />will be only partially reclaimed at the cessation of mining operations. The road <br />will be reduced to one-half its proposed width when it is no longer needed for <br />hauling refuse, and the remaining half will be properly reclaimed. The permittce <br />states that a request to BI.M and Rio Blanco County will be made at the time of <br />cessation of mining operations for permission to only partially reclaim the haul <br />mad. <br />The remaining portion of the haul road and all other access and light-duty roads <br />will be reclaimed at the end of the operation by removing ditches, culverts, and <br />surface materials, regrading to the approximate original contour, replacing of <br />topsoil and subsequent revegetation. Existing and improved sections of County <br />Road 65 will not be reclaimed at the cessation of mining. The permittce proposes <br />to transport coal from the D portal through the processing plant to the railroad <br />11 <br />