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12. Based on information provided in the application, the Division has determined that an <br />• alluvial valley floor exists within the permit or adjacent area (2.07.6(2) and <br />2.06.8(3)ICII. For additional specific findings concerning this alluvial valley floor, <br />please see Section B, XVIII. <br />13. The Division hereby approves the post-mining land use of the operation. It was <br />determined that undeveloped land use for wildlife habitat, and limited residential use <br />meets the requirements of Rule 4.16 for the permit area (2.07.6(21(111• Refer to <br />Section B, XII, for more detail. <br />14. Specific approvals have been granted or are proposed. These approvals are addressed <br />in the following section, Section B (2.07.6(2)(m))). <br />15. The Division finds that the activities proposed by the applicant would not affect the <br />continued existence of endangered or threatened species or result in the destruction <br />or adverse modification of their critical habitats. This finding was updated by a <br />November 23, 1992 telephone contact with the U.S. Fish and Wildlife Service <br />(2.07.6(211n11• <br />1 6. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. <br />As of the writing of this decision; the operator is current in the payment of <br />reclamation fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)1. <br />• SECTION B <br />The following findings and specific approvals are required by Rule 4. <br />I. Roads -Rule 4.03 <br />A. Road information for the Bear No. 1 and 2 permit is presented in Section 2.05.3 <br />of the Bear No. 1 and 2 permit application. Road information for the Bear No. 3 <br />Mine is presented in Section 4.03, and Map 1 1 of the Bear No. 3 permit <br />revision application and Exhibits 20 and 24 of the midterm response. <br />The haul road at the Bear No. 1 has been reclaimed. The access road to Bear <br />No. 2 has been retained until successful revegetation is established at the <br />backfilled portal. <br />The haul/mine access road and the portal access road are the only roads on the <br />Bear No. 3 property. The main haul road connects the truck loadout and mine <br />facilities with Colorado State Highway 133 at Somerset, Colorado. The road is <br />approximately 0.25 miles long and passes over a bridge which crosses the <br />North Fork of the Gunnison River. The road design was approved by the <br />Division and has been certified as being constructed as designed. A technical <br />revision to widen the road has been approved and the road is certified as being <br />widened as designed. Sediment control for the access road is accomplished by <br />• a berm on the outside of the road which directs runoff through straw bales <br />adjacent to the road. <br />15 <br />