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For additional specific findings concerning these AVFs, please refer to Section B.XIII <br />(2.07.6(2)(k) and 2.06.8(3)(c)). <br />13. The Division hereby approves the post-mining land use of the operation. It was determined <br />that livestock grazing and wildlife habitat uses meet the requirements of Rule 4.16 for the <br />permit area. (2.07.6(2)(1)). <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in the <br />following section, Section B. (2.07.6(2)(m)). <br />15. Both the CDOW and the USFWS were notified of Permit Revision 06 and their comments <br />were requested regarding potential impacts to threatened and endangered species. In a letter <br />dated March 15, 2008 in regards to Permit Revision 06, the CDOW did not foresee any <br />negative impacts on threatened or endangered species or other wildlife in the area. <br />The Division finds that the activities proposed by the applicant would not affect the <br />continues existence of endangered or threatened species or result in the destruction or <br />adverse modification of their critical habitats (2.07.6(2)(n)). <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br />this time, Blue Mountain Energy, Inc. is current in the payment of reclamation fees required <br />by 30 CFR Chapter VII, subchapter R. (2.07.6(2)(0)). <br />Part B - Findings required by Rule 4 <br />The following findings and specific approvals are required by Rule 4. <br />Roads - Rule 4.03 <br />A. Haul Roads <br />Haul roads are discussed under Section IV.D.2 of the permit application. <br />1. The refuse haul road was designed before Colorado gained primacy for <br />surface inspection and therefore the original design and referenced standards <br />are from 30 CFR part 817. The referenced standards were re-numbered, with <br />the appropriate Federal standards listed as 30 CFR 817.150 and 30 CFR <br />817.151. The corresponding CDRMS standard is Rule 4.03.1. <br />The cut and fill slopes and road surface, along with the design criteria used <br />for location, vertical and horizontal alignment, comply with Section <br />4.03.1(1). <br />B. Access Roads <br />Access roads are discussed under Section IV.H.3 of the permit application. <br />Deserado Mine 18 September 19, 2008