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the renewal. USFWS identified a concern with regard to the impact of White River <br /> water depletions on threatened and endangered fish species of the Upper Colorado <br /> River Basin. By memorandum of December 1,•1999, to OSM, USFWS provided their <br /> Biological Opinion on the effect of proposed depletions. The Opinion indicated that, <br /> due to previous payments made by the operator into the endangered fishes fund, mine <br /> operations proposed in the renewal would not jeopardize the continued existence of the <br /> endangered fish species. <br /> 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, Reclamation Fees Branch. As <br /> of April 5, 2000, Blue Mountain Energy, 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 /> Information dealing with road design and construction for the Deserado Mine is <br /> presented in Sections IV.D.2 (refuse haul road), and IV.H.3 (access and light-use <br /> roads) found in Volume 4 of the permit application. <br /> There is one haul road (the refuse haul road), five access roads plus "interplant" <br /> access roads, and numerous light use roads within the permit area, including roads <br /> to drill sites and "B" vent shaft sites which are used infrequently following initial <br /> facility construction. Coal is transported from the D/B portal area and wash plant to <br /> the slot storage facility and rail loadout via overland conveyor rather than truck <br /> haulage. The refuse haul road was the subject of a joint OSM/DMG "haul road <br /> offsite impact special focus" inspection, conducted in August, 1998. The inspection <br /> identified no offsite impacts associated with the refuse haul road. <br /> All roads meet applicable specific design criteria, with the exception of certain <br /> sections of the railroad loadout access road. Due to its use as a conveyor <br /> maintenance road and resultant alignment within the same cut and fill section as the <br /> conveyor, it does not conform to the location criteria of Section 4.03.2(2)(a) (e.g. <br /> certain segments are located on side slope rather than ridge-top). However, the road <br /> has proven to be environmentally sound, and has exhibited no indication of <br /> instability or excessive erosion during its life. Demonstration of haul road and <br /> access road compliance with applicable performance standards is provided in the <br /> 18 <br />