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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 (2.07.6(2)(n)). <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br />this time, August 21, 2009, the operator is current in the payment of reclamation fees <br />required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). <br />Section B - Rule 4 <br />I. Roads <br />A. Haul Roads <br />1. Alternative criteria and specifications were used during the design of haul <br />roads. These criteria and specifications are proposed for approval by the <br />Division following an analytical demonstration that the roads will be <br />environmentally sound, have a minimum static safety factor of 1.3, and <br />reclamation can be achieved. The proposed criteria and specifications pertain <br />to the portion of the haul road going through pond 007 (4.03.1(1)(e)). <br />2. The applicant has made a demonstration, based on site specific precipitation <br />rates, percent of grade, and soil properties that use of alternative specifications <br />for culvert sizing will not result in increased erosion. The Division has <br />approved the use of the alternative specifications for the culverts on the <br />extension of W. 5th Street (4.03.1(4)(e)(vi)). <br />3. Alternative criteria and specifications were used during the design of the <br />reconstruction of county BB road, 2700 road, and the detour road. The <br />criteria used were the Montrose County Road and Bridge specifications for <br />collector roads. Details of these specifications can be found in section <br />2.05.3(3)-8 of the permit. <br />II. Hydrologic Balance <br />A. Water Quality Standards and Effluent Limitations <br />The Division proposes to grant two fixed small area exemptions (SAE) and a <br />"traveling" SAE from use of sediment ponds due to the limited size of the area <br />and due to the fact that ponds and treatment facilities are not necessary for the <br />drainage to meet the effluent limitations of Rule 4.05.2 and applicable State and <br />Federal water quality standards for receiving streams and also due to the fact that <br />no mixing of surface drainage with a discharge from underground workings will <br />occur. The two fixed areas to be exempted are shown on Map 2.05.3(3)7-1 and <br />are in portions of the permit area where the terrain is undulating and these areas <br />23