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16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of February 3, <br />2009, Snowcap Coal Company, the operator, is current in the payment of reclamation fees required by 30 <br />CFR Chapter VII, subchapter R. (2.07.6(2)(0)). An " issue" decision, has been recommended by the <br />Office of Surface Mining, Applicant Violator System. <br />SECTION B <br />The following findings and specific approvals are required by Rule 4: <br />I. Roads - Rule 4.03 <br />Information on roads is presented in Section 2.05.3, in Tab-13 of the permit application. <br />There are six haul roads, five access roads and five light-use roads within the permit area that <br />demonstrate compliance with applicable standards of Rule 4.03. All the roads meet the design criteria <br />for grade and surfacing. All were found to be in compliance. Two pipe arches which convey runoff <br />flow in Coal creek beneath Haul Road 4 near the Roadside North Portal have an end area of greater <br />than 35 square feet; therefore, to be in compliance with Rule 4.03.1(4)(e)(i), they must pass the <br />20-year, 24-hour peak flow. The permittee installed inlet transitions in order to pass the event. <br />New Access Road lA was approved with PR-3 in 2007 and was constructed on Snowcap Coal <br />Company property to implement the alternative "Industrial or Commercial" postmining land use and <br />to provide access to the permanent facilities at the South Portal area. The segment of Access Road 1 <br />between the lower parking area and the mine bench was reclaimed in 2008. Access Road 1A and a <br />short upper segment of Access Road 1 (approximately 100 feet in length) were approved as permanent <br />with PR-3 and will be retained for the alternative postmining land use. The segment of Access Road 1 <br />to be retained will provide access to proposed equipment storage areas located on the flat top of the <br />RSRDA waste disposal site. <br />Three dip-sections were installed along coal creek during construction of Haul Roads 2, 3 and 4. The <br />two upper dip-sections have six 36-inch CMP culverts laid side by side and incased in concrete. In the <br />concrete, they have an end area greater than 35 square feet, therefore, they must pass the 20-year, <br />24-hour peak flow to be in compliance with Rule 4.03.1(4)(e)(i). The lower dip section is only <br />required to pass the 10-year, 24-hour peak flow to be in compliance with Rule 4.03.1(4)(e)(i). <br />Designs reveal that the dip-sections will not pass the design peak flows without overtopping. In 1982, <br />the permittee submitted justification that the dip-sections would be as environmentally sound as <br />designs which would comply with Rule 4.03.1(4)(e)(i). Since the dip-sections are constructed of <br />reinforced concrete, they will not erode if overtopped. In addition, the upstream and downstream <br />sections of the stream are protected by riprap so they will not be undermined. The overtopping of the <br />dip-sections will likely be a gradual event. The water will flow over the top of the smooth concrete <br />surface with very little turbulence being induced by the dip-section. According to calculations done <br />by the permittee, the dip-sections would be overtopped for a total of 3.4 hours during a 20-year, <br />24-hour precipitation event. The installations are therefore acceptable to the Division. <br />In conjunction with reclamation activities within each of the surface facilities areas, a number of roads <br />will be removed and restored to approximate original condition. All culverts will be removed, natural <br />Permit Revision No. 4 18 February 3, 2009