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-50- <br />On the basis of available information, this Division finds that the proposed <br />operation will not affect the continued existence of threatened or endangered <br />species or result in the destruction or adverse modification of their critical <br />habitats (2.07.6(2)(n)). <br />XIII. PRIME FARMLAND (2.04.12, 2.06.6, 4.25) <br />The Division has made a negative determination for the presence of prime <br />farmlands within the proposed permit area. The decision was based on the <br />evidence provided by the Soil Conservation Service that there are no prime <br />farmland mapping units within the proposed permit area. <br />XIY. OPERATIONS DESCRIPTION (2.05.2, 2.05.3(1), 2.05.3(2), 4.01 <br />The operations plan for the Orchard Valley mine is presented on pages 2-79, <br />Section 2.05 of the application. The information was sufficient to satisfy <br />the requirements of this section. <br />All concerns pertaining to the operations description have been resolved and <br />the proposed operation is in compliance. <br />XV. MINE FACILITIES, PONDS, IMPOUNDMENTS, DIVERSIONS. AND COAL <br />4.05 <br />A. Coal Handling Structures <br />All coal handling structures and support <br />proposed permit area. All facilities and <br />requirements of the regulations. <br />facilities are located within the <br />coal handling structures meet the <br />Mine Facilities <br />The Orchard Valley mine road system consists of one paved haul road leading <br />from security post No. 1 at the turn-off from the Steven's Gulch road to the <br />crushing and screening bench; an access road leading from the crushing and <br />screening bench up to the warehouse area, portal bench and fan bench, and two <br />lower access roads which lead to the existing waste disposal pile and <br />sedimentation ponds 1-4. No additional surface facilities are proposed for <br />the permit revision area. <br />The mine site haul road and access roads were constructed prior to the <br />enactment of SMCRA and the Regulations of the Colorado Mined Land Reclamation <br />Board for Coal Mining, and at that time the haul and access road embankments <br />and road cuts were not constructed according to the specifications set forth <br />in Rule 4.03. Alternative specifications may be authorized by the Division if <br />the applicant can demonstrate through appropriate geotechnical analysis that <br />the existing road embankments have a minimum safety factor of 1.25, and that <br />the road cuts have a minimum safety factor of 1.5 or that a lessor safety <br />factor will not result in significant environmental harm or harm to the public <br />health or safety (4.03.1(3)(c~)(i) and (3)(c)(x), and 4.03.2(3)(c)(i) and <br />(3 )(c)(ix)). <br />