2005-07-19_GENERAL DOCUMENTS - C1981018

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16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of 19 October 2005, Blue Mountain Energy, Incorporated, the operator, is current in the payment of reclamation fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). The following findings and specific approvals aze required by Rule 4: I. Rnads - Rnle 4 fl1 Information dealing with road design and construction for the Deserado Mine is presented in Sections IV.D.2 (refuse haul road), and IV.H.3 (access and light-use roads) found in Volume 4 of the permit application. There is one haul road (the refuse haul road), five access roads plus "interplant" access roads, and numerous light use roads within the permit area, including roads to drill sites and "B" vent shafr sites which are used infrequently following initial facility construction. Coal is transported from the D/B portal azea and wash plant to the slot storage facility and rail loadout via overland conveyor rather than truck haulage. The refuse haul road was the subject of a joint OSM/DMG "haul road offsite impact special focus" inspection, conducted in August, 1998. The inspection identified no offsite impacts associated with the refuse haul road. All roads meet applicable specific design criteria, with the exception of certain sections of the railroad loadout access road. Due to its use as a conveyor maintenance road and resultant alignment within the same cut and fill section as the conveyor, it does not conform to the location criteria of Section 4.03.2(2)(a) (e.g. certain segments aze located on side slope rather than ridge-top). However, the road has proven to be environmentally sound, and has exhibited no indication of instability or excessive erosion during its life. Demonstration of haul road and access road compliance with applicable performance standazds is provided in the operator's December 2, 1996 submittal: "Relevant showing of road construction, design and maintenance to comply with Section 4.03.1(d)(ii) and 4.03.2(1)(I)(ii) of the Regulations of the Colorado Mined Land Reclamation Boazd for Coal Mining-REVISION 3". Based on information presented in the "Relevant Showing", and based on DMG inspection observations, a variance from the access road location requirement of 4.03.2(2)(a) is approved for the loadout access road, pursuant to 4.03.2(1)(e). The refuse haul road and all access and light use roads constructed by the operator will be reclaimed at the end of the operation by removing ditches, culverts, and surface materials, regrading to the approximate original contour, replacing of topsoil and subsequent revegetation. Certain pre-existing light use road segments used to access drill site locations may be retained for the postmining land use as authorized by 24