2009-05-22_GENERAL DOCUMENTS - C1981044

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15. The Division finds that the activities proposed by the applicant would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats, or in the case of Bald eagles, "may affect, but not likely to adversely affect" due to potential collisions with power lines. Due to the proximity of golden eagle nests within the permit area as identified by the U.S. Fish and Wildlife Service, the Division previously attached Stipulation No. 4 to the permit. This stipulation imposed seasonal limitations on surface disturbances near the nests. This stipulation was withdrawn during the review of Permit Renewal RN-03 as its requirements were incorporated into Section 4.18 of the permit (2.07.6(2)(n)). Updates to state and federally listed species considered to be threatened or endangered were provided November 22, 2006. The updated information regarding Threatened and Endangered Species is found in Appendix 15A. The updated wildlife information was forwarded to the Office of Surface Mining on November 28, 2006. The OSM notified the division on December 7, 2006 that additional information was needed regarding threatened and endangered wildlife species. These concerns were forwarded to BTU on December 11, 2006. BTU provided responses to these concerns on January 4, 2007. BTU's responses were forwarded to OSM. OSM provided a Section 7 Consultation reply on January 26, 2007. No new species have been added to the threatened and endangered species list so the Section 7 Consultation is still valid for RN-5. 16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. The permittee was current in the payment of Reclamation fees as required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). Section B - Findings and Specific Approvals Required by Rule 4 Section 2.07.6(2)(m) requires that the Division make all specific approvals required in Rule 4 prior to approving a permit. The following findings and specific approvals are required by Rule 4. 1. Roads - Rule 4.03 The permittee presents a discussion of roads in Section 4.03 of Volume 2 of the permit application. Road locations and designs are presented in Exhibit 17 and on Map 27. The Division reviewed these designs for compliance with the design and performance standards of Rule 4.03. There are approximately 1.8 miles of haul road, 3.0 miles of access road, and 2.5 miles of light-use roads. Most roads found at the Eagle Mine Complex are located on gentle slopes of less than 5 percent grade. Only light-use roads which give access to monitoring sites are found on steeper slopes. The permittee is not proposing any new roads. All roads are existing structures. The design report prepared by C.T.L. Thompson (Exhibit 17) demonstrates that the existing roads were designed with sound engineering practices and are structurally Eagle Mine Complex 17 Permit Renewal 05 C-1981-044 May 22, 2009