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15. The Division finds that the activities proposed by the applicant would <br />not affect the continued existence of endangered or threatened species or <br />result in the destruction or adverse modification of their critical <br />habitats, based on consultation with the United States Fish and Wildlife <br />Service and the Colorado Division of Wildlife (2.07.6(2)(n)). <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees <br />Branch. As of this time, Sun Coal Company, the operator, is current in <br />the payment of reclamation fees required by 30 CFR Chapter VII, <br />subchapter R (2.07.6(2)(0)). As noted in the Review Process portion of <br />this document, the Office of Surface Mining, Reclamation Fees Branch, is <br />conducting an audit on a Sun Coal Company affiliate to determine whether <br />they are current in reclamation fee payments. Based on that, the <br />Division has proposed to conditionally issue the Meadows No. 1 Mine <br />permit. <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 />There was one haul road associated with the Meadows No. 1 Mine. <br />The road is located between the pit area and the facilities area. <br />The Division approved the retention of the haul road, depicted <br />on Map No. 3 of the permit application package, since it is <br />compatible with the approved post-mining land use and a request <br />for its retention was submitted by the landowner <br />(4.03.1(1)(f)(i)). <br />The haul road was constructed prior to the Permanent Program <br />permit approval. Prior to mining activities, the road provided <br />access to oil wells in the area. The road was modified in <br />order to bring it into compliance with the Permanent Program. <br />After the completion of mining, the road was decommissioned in <br />order to leave it in a condition which would promote long-term <br />stability, minimize maintenance and allow easy maintenance when <br />required. Technical Revision No. 2 contains the haul road <br />decommission plan. The plan was approved by the Mined Land <br />Reclamation Board at a formal hearing. Final bond release for <br />the haul road was approved on February 22, 1989. <br />B. Access Roads <br />The access roads from U.S. 40 to the shop and from the southwest <br />property line to the mining area were preexisting structures and <br />are not subject to the design construction requirements of Rule <br />4.03.2. The lower facilities road will be reclaimed at the time of <br />facilities reclamatio unless a request to keep the road is made <br />by the landowner and ~pproved by the Division. The pit area road <br />will be left in place <br />-10- <br />