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segment is directed to the waste disposal area sediment pond. <br />The operator has proposed to retain the entire 6,300 foot segment of road classified as haul <br />road (with modifications as addressed in Section 3.3.1 of the application), and the Division <br />approves the retention of the haul road, subject to Stipulation No. 32, below. The road will <br />accommodate the postmining land use (rangeland), and will comply with all applicable <br />performance standards. The landowner of the upper haul road segment (BLM) has made a <br />written request that the road be retained for further use (Appendix L, Vol. III). The lower- <br />most segment of the haul road (approximately '/z mile in length), west of the BLM boundary, <br />is privately owned by #11 Enterprises, Ltd. #11 Enterprises, Ltd., has not provided a written <br />request for retention of the subject road segment, pursuant to Rule 4.03.1(1)(f)(ii). For this <br />reason, Stipulation No. 32 is warranted. <br />STIPULATION NO. 32 <br />PRIOR TO SUBMITTAL OF PHASE I BOND RELEASE APPLICATION FOR THE <br />LOWER ROAD TO BE RETAINED FOR THE POSTMINING LAND USE, THE <br />OPERATOR WILL SUBMIT A WRITTEN REQUEST FROM THE SURFACE <br />OWNER FOR RETENTION OF THE PRIVATELY OWNED SEGMENT OF HAUL <br />ROAD (BETWEEN THE BLM BOUNDARY AND STATE HIGHWAY 139). THE <br />REQUEST WILL INDICATE THE SURFACE OWNER'S CONCURRENCE WITH <br />THE PLAN FOR ROAD RETENTION PRESENTED IN PERMIT SECTION 3.3.1. <br />ALTERNATIVELY, A REVISED RECLAMATION PLAN FOR THE LOWER <br />ROAD SEGMENT DEMONSTRATING COMPLIANCE WITH RULE 4.03.1(7)(a)(i) <br />through (ix) WILL BE SUBMITTED TO THE DIVISION. <br />The following findings apply to the segments of the haul road constructed in 1977: <br />1. The applicant has provided a relevant showing statement in lieu of certification, <br />demonstrating that the road meets the performance standards of Rule 4.03.1 <br />(4.03. 1 (1)(d)(ii)). <br />2. The applicant proposes to modify and retain the road for the post-mining land use, as <br />set forth in permit section 3.3.1. The Division approves the retention of the haul road <br />subject to Stipulation No. 32, as the modified road will accommodate the rangeland <br />postmining land use and will comply with all applicable performance standards. The <br />Bureau of Land Management (BLM), surface owner of most of the segment, has <br />requested in writing that the road be retained for the post-mining land use. <br />(4.03.1(1)(f)). The BLM segment of the haul road was reduced to an 8 foot travel <br />width in 2007, in accordance with the approved reclamation plan. Approved final <br />reclamation will entail future removal of culverts and replacement with low water <br />crossings. <br />19