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crosses private land. This portion of the road from SH-139 to the BLM boundary was not reduced in <br />width and was not included in this Phase I bond release application. Stipulation No. 32 (which has <br />not been complied with) requires the operator to submit a written request from the landowner for <br />retention of the privately owned segment of haul road (between the BLM boundary and SH139) for <br />the postmining land use. The width of the haul road located on BLM land was reduced to about eight <br />feet and left in place to provide access for the BLM grazing leaseholder and for the Operator to <br />monitor and maintain the reclaimed areas. This portion of the haul road on BLM land existed prior to <br />mining and will be retained as a permanent post-mine feature. BLM has requested in writing that the <br />road be left in place. The BLM letter is included in Appendix L of the PAP. As stated in the BLM <br />letter, the operator is required to remove the culverts along the section of road on BLM property and <br />install low water crossings. As described in more detail below the operator has not completed this <br />step of the reclamation plan, and this section of road will not be eligible for Phase I bond release. The <br />road profile for this section of haul road was left in place and one or both sides of the road were chisel <br />plowed and revegetated as requested by the BLM. The upper portal bench road was completely <br />reclaimed in 2007. This required significant effort and is described below in this report under backfill <br />and grading. Descriptions of the haul road and portal access road are provided at Sections 2.2.2 <br />Access and Haul Road and 3.3 Backfill and Grading of the PAP. During November and December <br />2005, a light use road was constructed along the north branch of Munger Creek to provide access to <br />an emergency drill hole. This road was constructed on the most stable available slopes to minimize <br />erosion. This road is described in the PAP at Section 2.2.2.2 Light Use Roads. The light use <br />road/drill rig access road has been entirely reclaimed. The light use road was completely removed <br />and the land affected was regraded to approximate original contour, revegetated and mulched. <br />The Phase I application requested that 1.3 acres of narrowed road on BLM land be released from <br />Phase liability (from 350' south of Culvert No. 6 to the private property line). Based on our review of <br />the PAP, and the Proposed Decision and Findings of Compliance for Permit Renewal No. 5, the <br />Division will not release Phase I bond liability on the 1.3 acres. This section of haul road is on BLM <br />land and was narrowed by 12' and revegetated. Reclamation requirements for this section of the <br />former haul road includes the removal of culverts and replacement with low water crossings (see <br />Findings of Compliance dated December 17, 2007 p. 19 and 20 and page 3-14 of the PAP). This <br />work is planned for the future and could not be completed until the portal access and bench area were <br />successfully reclaimed because of the need for equipment access to these areas. Please also refer to <br />Figure 2.2.-7C of the PAP; where six culverts are shown which require removal and restoration or <br />installation of a dry ford. Therefore this section of road and associated ditches are not in their final <br />reclaimed configuration and the Division will exclude the 1.3 acres of surface associated with the <br />road narrowing from this Phase I bond release. The specific location excluded is on BLM property, <br />from the private property line east to the approximate start of the former portal access road. The <br />section of narrowed haul road on BLM land was found to be in good condition otherwise. Attached <br />Photograph No.5 shows a portion of the narrowed road east of the waste disposal area. <br />The reclaimed upper portal bench access road is shown in Photograph No. 6. The reclamation at the <br />former portal access road is in very good condition with no significant erosion. This segment of road <br />was fully reclaimed in accordance with Rule 4.03.2(7). The former light use road for the drill rig <br />access was reclaimed to conform to adjacent terrain and blend with the natural contour (see attached <br />photo No. 7). All of the road sections described above have been reclaimed in accordance with the <br />requirements of Rule 4.03. Except for the haul road section located on BLM land, no other problems <br />8