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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 <br />destruction or adverse modification of their critical habitats (2.07.6(2)(n)). <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees <br />Branch. As of this time, Northfield Partners, LLC, 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 />Section B -Rule 4 <br />Roads -Rule 4.03 <br />A. Haul Roads <br />The Division proposes to approve the location of a portion of the haul <br />road in the channel of an ephemeral stream draining a watershed of at <br />least 1 square mile. Chandler Creek flows only in response to intense <br />rainfall events or significant spring snowmelt. Abridged crossing of <br />Chandler Creek will be constructed to safely pass flows in excess of <br />3500 cubic feet per second (4.03.1(2)(b)). <br />2. The Division proposes to approve a temporary ford of an ephemeral or <br />intermittent stream during the construction period since it will not alter <br />normal water flow, contribute sediment, or adversely affect fish or <br />wildlife. This temporary ford will only be in-place until the bridge <br />crossing is constructed during the initial construction phase of the <br />operation. Northfield has indicated that contact and/or permitting may <br />be necessary through the US Army Corp of Engineers (4.03.1(2)(c)). <br />B. Access Roads <br />The Division proposes to approve the location of a portion of the <br />access road in the channel of an ephemeral stream with a watershed <br />of at least 1 square mile based on findings that the road location is in <br />accordance with applicable sections of Rules 4.05.1, 4.05.2, 4.05.4 <br />and 4.05.18. This portion of the road is the same road as described <br />above crossing Chandler Creek. It also serves as an access road to <br />the facility area (4.03.2(2)(b)). <br />2. The ford of an ephemeral stream with a watershed of at least one <br />square mile is proposed for approval since it will not seriously alter <br />normal water flow, contribute to sediment load, or cause adverse <br />affects to fish or wildlife. The ford will occur at the crossing of <br />Chandler Creek only during the initial construction phase and is the <br />15 <br />