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<br />The refuse haul road was destined for only partial reclamation under the original permit <br />application since it was originally an unimproved county road. Subsequently, the county <br />has built a new road through roughly the same area and vacated their portion of the refuse <br />haul road. Blue Mountain Energy, Inc. now plans on fuliy reclaiming the refuse haul <br />road and has modified the permit application accordingly. <br />Based on the above presented evidence the Refuse Haul Road meets the requirements of <br />Rule 4.03.1 and can be accepted under Rule 4.03.1(1)(d)(ii). <br />Access Roads <br />As identified in the Permit, the inter-plant access roads, the water treatment plant road, <br />the East Portal road, the explosive magazine access road, the alluvial well access road, <br />the access road to the railroad loadout azea, the railroad loop maintenance road, and the D <br />Portal access road were built to the criteria of the current 30 CFR 817.151, Primary <br />Roads. <br />One exception to note is that the alluvial well access road beyond the double gate and out <br />to the wells will be listed as a light duty road. The reason is twofold. First, the road has <br />been saturated by the rise in the water level of the White River because of siltation at the <br />head of Kenney reservoir and will not meet the requirements of the Rule. Secondly, the <br />traffic is limited to an occasional pickup truck and even more razely the Mine's boom <br />truck for servicing the facilities. <br />Another clarification is for the overland conveyor maintenance road south of County <br />Road 65 to its terminus at the cut above the bathhouse. As described in the Permit, this <br />road is identified as a light duty road (now light-use road) and was constructed as such. <br />This road meets all of the requirements and environmental considerations for the design <br />and construction of a light use road as described in Rule 4.03.3 <br />The roads identified above as access roads have been designed, constructed and <br />maintained according to their specific uses. <br />The longest of the roads is the access road to the railroad loadout area. This road was <br />designed for regular traffic along two lanes of travel and for access to the overland <br />conveyor. It was built for all types of highway vehicles going to and from the railroad <br />loadout facility. A portion of the road from Co. Rd. 65 north to the temporary truck <br />dump has served as a haul road as accepted under Rule 4.03.1(1)(d)(ii). The road, <br />because of its design to handle over-the-road truck traffic is performing admirably. <br />Basing conclusions on the road's `tin-use" performance and past performance when <br />railroad ballast was hauled, the lack of sloughing or structural damage and the minimal <br />maintenance required to maintain the drainage structures. The railroad/conveyor access <br />road north from Rio Blanco County Road 65 appears to meet the construction and <br />performance requirements of Rule 4.03.1 and may be accepted as a haul road under Rule <br />4.03.1(lxdxii) for the haulage of coal by on-highway trucks. The remainder of the road <br />