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16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As <br />of 10 October 2003, Blue Mountain Energy, Incorporated, the operator, is current in the <br />payment of reclamation fees required by 30 CFR Chapter VII, subchapter R <br />(2.07.6(2)(0)). <br />The following findings and specific approvals are required by Rule 4: <br />I. Rnada - Rnle 4.04 <br />Information dealing with road design and construction for the Deserado Mine is <br />presented in Sections IV.D.2 (refuse haul road), and IV.H.3 (access and light-use <br />roads) found in Volume 4 of the permit application. <br />There is one haul road (the refuse haul road), five access roads plus "interplant" <br />access roads, and numerous light use roads within the permit azea, including roads to <br />drill sites and "B" vent shaft sites which are used infrequently following initial facility <br />construction. Coal is transported from the DB portal azea and wash plant to the slot <br />storage facility and rail loadout via overland conveyor rather than truck haulage. The <br />refuse haul road was the subject of a joint OSM/DMG "haul road offsite impact <br />special focus" inspection, conducted in August, 1998. The inspection identified no <br />offsite impacts associated with the refuse haul road. <br />All roads meet applicable specific design criteria, with the exception of certain <br />sections of the railroad loadout access road. Due to its use as a conveyor maintenance <br />road and resultant alignment within the same cut and fill section as the conveyor, it <br />does not conform to the location criteria of Section 4.03.2(2)(a) (e.g, certain segments <br />are located on side slope rather than ridge-top). However, the road has proven to be <br />environmentally sound, and has exhibited no indication of instability or excessive <br />erosion during its life. Demonstration of haul road and access road compliance with <br />applicable performance standazds is provided in the operator's December 2, 1996 <br />submittal: "Relevant showing of road construction, design and maintenance to comply <br />with Section 4.03.1(d)(ii) and 4.03.2(1)(f)(ii) of the Regulations of the Colorado <br />Mined Land Reclamation Board for Coal Mining-REVISION 3". Based on <br />information presented in the "Relevant Showing", and based on DMG inspection <br />observations, a variance from the access road location requirement of 4.03.2(2)(a) is <br />approved for the loadout access road, pursuant to 4.03.2(1)(e). <br />The refuse haul road and all access and light use roads constructed by the operator <br />will be reclaimed at the end of the operation by removing ditches, culverts, and <br />surface materials, regrading to the approximate original contour, replacing of topsoil <br />and subsequent revegetation. Certain pre-existing light use road segments used to <br />access drill site locations maybe retained for the postmining land use as authorized by <br />- BLM, the surface land management agency. -- -- - - - -- <br />26 <br />