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15. The Division finds that the activities proposed by the applicant would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats (2.07.6(2)(n)). 16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of this time, Seneca Coal Company, the operator is current in the payment of reclamation fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). SECTION B -Rule 4 I. Roads -Rule 4.03 The Seneca II-W Mine utilizes three types of roads within the permit area. Haul roads will be used to haul coal from the pit to the Hayden Station or the Hayden Gulch Loadout. One access road is permitted to access the shop facilities of the coal carrier at the east end of Tie Across Haul Road (TAHR). A number of existing light use roadsare used to gain access to monitoring facilities and reclamation areas. All roads within the permit boundary are depicted on Exhibits 12-2 and 12-3 and discussed in Tab 13. A. Haul Roads Haul Roads A, G, a portion of F, H and I have been constructed at the Seneca II-W Mine. In addition, approximately 4.1 miles of the Tie Across Haul Road (TAHR) was constructed from the Hayden Power Station to Routt County Road 53. Proposed Haul roads J, K and L will be constructed as mining proceeds into the II- W south extension area. All haul roads are depicted on Exhibits 12-2 and 12-3. As- built certifications for constructed haul roads and the design plans for proposed haul roads are presented in Tab 13. The culvert designs in the permit depict several multiple culverts for a road crossing. In all cases where the multiple culverts are used, the combined end areas are greater than 35 square feet. Rule 4.03.1(4)(e)(i)requhes all culverts with end areas greater than 35 square feet be designed to convey flows from the 20-year-24-hour storm. The applicant has complied with this regulation. With the exception of certain haul road segments which will be retained in reduced configuration for post-mining ranch roads, all roads will be reclaimed to AOC and revegetated. Those road segments which will be reduced to a 20 foot travel width to replace pre-existing ranch roads include the Mine Entrance Haul Road (MEHR), haul roads A and G and the first segment of Haul Road F. The Division approved the retention of the haul roads depicted on Exhibit 20-2, since it is compatible with Seneca II-W Findings Document 15 June 15, 2001 Permit Renewal No. 3