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NCEC committed to this new stipulation and was to submit the necessary design standards for embankment stability prior to coal being hauled over the road. Since the mine never became operational and is to undergo reclamation only, no coal will be hauled over this road. The Division, therefore, finds the stipulation is no longer required. The applicant proposes to retain the access road within the Phase permit area for post reclamation use. Since retention of the entire road does not appear to the Division as consistent with the approved post-mining land use, ie. cropland and grazing land, Stipulation 13 is made. Stipulation 13. THE RECLAMATION PLAN FOR THE MINE SHALL BE REVISED TO INCLUDE DOWNSIZING OF THE CURRENT ACCESS AND TEMPORARY HAUL ROAD FROM ITS PRESENT 40 FOOT WIDTH TO A MAXIMUM WIDTH OF 20 FEET. RECLAMATION OF THE REMAINDER OF THIS ROAD SHALL BE CONDUCTED AC CO RDItI; TO THE APPLICABLE REQUIREMENTS OF RULE 4.03.1(7). B. Light Use Roads The applicant requires certain light use roads constructed under an exploration plan approved by the Division to reach hydrologic monitoring stations during the renewal period. These roads are shown on figures 4.2-3, 4.2-4, and 4.2-5. The road designs meet all the requirements of Rule 4.D3.3. These roads are planned to be left as part of the post-mining land use as requested by the landowners. NCEC, from its letters to landowners, has, however, committed to "reseed the surface, cuts and fills for these roads to control erosion. Seeding will utilize a mixture recommended by the Colorado Mined Land Reclamation Division staff," therefore the following stipulation is required: Stipulation No. 14. THE APPLICANT WILL RECLAIM ALL LIGHT USE EXPLORATION ROADS EXCEPT THOSE SPECIFICALLY REQUESTED TO BE RETAINED BY THE LANDOWNERS. THE RETAINED ROADS, HOWEVER, WILL HAVE THE SURFACE, CUTS, AND FILLS RE-SEEDED BY THE APPROVED SEED MIXTURES TO CONTROL EROSION. With the acceptance of these stipulations, the proposed operation is in compliance with the requirements of this section. II. Support Facilities - Rule 4.04 The only support facilities constructed during the initial phase of the mine operation were a powder magazine, a water tower, and a pump house. All were constructed in accordance to Rule 4.04. The water tower and the powder magazine will be removed at the time of initial reclamation. The pumping facility, which is used to dewater the pond following a precipitation event, will be removed when Sediment Pond A is no longer required. The operation is in cc~oliar,ce with ~e reauirements of this section. -1 3-