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13. The Division hereby approves the post-mining land use of the operation. It was <br />determined that rangeland/wildlife land uses meet the requveroents of Rule 4.16 for the <br />permit area (2.07.6(2)(1)). <br />14. Specific approvals required under Rule 4 are addressed in 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 or <br />adverse modification of then critical habitats (2.07.6(2)(n)). Both the Colorado Division <br />of Wildlife (DOW), and the U.S. Fish and Wildlife Service (USFWS) were notified of <br />Permit Renewal No. 04, and concerns were specifically solicited with respect to potential <br />effects of the operation on endangered or threatened species of plants or animals. DOW <br />responded to the notice, and indicated no concern with respect to threatened or endangered <br />species of wildlife. <br />No response was received from USFWS. USFWS had previously reviewed the McClane <br />Canyon Mine application and issued a Final Biological Opinion in April, 1992, which <br />concluded that the operation's projected annual water depletion to the Colorado River "may <br />affect" the endangered Colorado squawfish, humpback chub, bonytail chub, and razorback <br />sucker, al] of which are native to the Colorado River. However, USFWS determined that <br />the project was not likely to jeopardize the continued existence of the endangered fishes <br />if the company made a contribution to the Recovery Implementation Program for <br />Endangered Fishes of the Upper Colorado <br />one time payment of $41.93 ($11.98 per <br />Noverober 16, 1992. There have been <br />reclamation plan since that time. <br />River Basin. GVCC made the recommended <br />acre foot of projected annual depletion) on <br />no substantive changes to the mining and <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As <br />of this time, the operator is current in the payment of reclamation fees requved by 30 CFR <br />Chapter VII, subchapter R (2.07.6(2)(0)). Current payment was verified through AVS <br />checks on February 14, 1996 and November 12, 1996. <br />SECTION B -Rule 4 <br />I. ROADS -Rule 4.03 <br />Road design and construction narrative is found in Section 2.2.2 of the permit <br />application package (PAP). Road reclamation is discussed in Section 3 of the PAP. <br />Road plan and profile maps, and cross sections are provided on Exhibits 2.2-4 and 2.2- <br />5. Permitted roads are an existing access/haul road extending from State Highway 139 <br />to the portal facilities area which was constructed in the spring of 1977, and a proposed <br />haul road which would connect the lower segment of the existing road to the adjacent <br />Munger Canyon Mine central facilities area, if those facilities are constructed in the <br />future. One operational modification is proposed for the existing access/haul road in the <br />PAP; realignment of the intersection with State Highway 139. <br />12 <br />