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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. No additional surface disturbance is <br />planned or approved under this renewal (2.07.6(2)(n)). <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As <br />of this time, March 6, 2009, the operator is current in the payment of reclamation fees <br />required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(o)). <br />SECTION B <br />The following findings and specific approvals are required by Rule 4. <br />Roads - Rule 4.03 <br />No specific approvals are granted under this section. <br />U. Support Facilities - Rule 4.04 <br />No specific approvals are granted under this section. <br />III. Hydrologic Balance - Rule 4.05 <br />A. Water Quality Standards and Effluent Limitations <br />The Division proposes to grant small area exemptions from use of <br />sediment ponds due to the limited size of the area and due to the fact that <br />ponds and/or treatment facilities are not necessary for the drainage in <br />these specific areas to meet the effluent limitations of Rule 4.05.2 and <br />applicable State and Federal water quality standards for receiving streams <br />and also due to the fact that no mixing of surface drainage with a <br />discharge from underground workings will occur. The small areas to be <br />exempted are located as follows: <br />West Portal Substation <br />West Portal Core House <br />East Portal Water Tanks <br />West Portal Water Tanks Areas 1 and 2 <br />West Portal Pumphouse <br />Topsoil pile north of the river and west of the RDA belt (4.05.2(3)(b)(i)). <br />B. Stream Channel Diversions <br />The Division proposes to approve the diversion of a perennial stream <br />11