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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 destruction or <br />adverse modification of their critical habitats (2.07.6(2)(n)). This finding is based on an <br />evaluation prepared by Rare Earth Science, LLC (March 27, 2006), included as permit Table <br />4.6-9, and on a Biological Assessment concurrence/Biological Opinion memorandum issued <br />by the U.S. Fish and Wildlife Service (USFWS), dated June 16, 2006, included as permit <br />Appendix L-iii. Stipulation 12 has been attached to this permit to maintain raptor buffer <br />zones as established by USFWS during initial mine permitting. <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fee Branch. As of <br />this time, the operator is current in the payment of reclamation fees required by 30 CFR <br />Chapter VII, subchapter R (2.07.6(2)(0)). Current payment was verified by AVS check on <br />December 12, 2007. <br />SECTION B- Rule 4 <br />1. Roads - Rule 4.03 <br />The existing roadway at the Munger Canyon Mine extends approximately 10,660 feet, from <br />State Highway 139 to the mine bench. The lower road segment along the Munger valley <br />floor was originally modified for mining use in 1977, by upgrading an existing road. The <br />upper segment along the steep canyon side slope did not exist prior to mine development, <br />and was constructed in 1977. The lower 6,300 feet of the roadway, extending from the State <br />Highway to the coal waste disposal site, was re-classified as a haul road in 2004, and is used <br />on an occasional basis to haul coal mine waste to the coal waste disposal site. An <br />approximate 1000 foot segment of the haul road in the immediate vicinity of the coal waste <br />disposal was relocated to the north and reconstructed in 2004, to allow sufficient room for <br />construction of the disposal site. <br />The upper, canyon side slope section of the access road was fully reclaimed in 2007. A short <br />segment of the access road along the Munger Creek valley floor east of the coal waste <br />disposal site, and most of the length of the haul road west of the coal waste disposal site, was <br />reduced in width during the 2007 reclamation project. <br />A. Haul Roads <br />The section of the roadway that was re-classified as a haul road in 2004, is constructed on <br />grade along the valley floor, with an average grade of 2.3% and a maximum pitch grade of <br />3%. Haul road construction, use and maintenance is addressed in Section 2.2.2.1 of the <br />permit application. Reclamation is addressed in Section 3.3.1, "Backfilling and Grading- <br />Lower Road". A "Statement of Compliance in Lieu of Certification" applicable to the <br />segment of the road constructed prior to 1995 is provided in Appendix O, page 3. The 1000 <br />foot segment of the road that was reconstructed/realigned in 2004 is entirely within the <br />disturbed area associated with the coal waste disposal site, and drainage from the road <br />18