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9 of the Permit [in compliance with Rule 2.07.6(2)(k)]. <br />Based on information provided in the Permit, the Division has determined that alluvial valley <br />floors exist within the permit or adjacent areas. These alluvial valley floors are known as <br />Goodspring Creek, Wilson Creek and Lower Elkhorn Creek. There is a potential that Goodspring <br />Creek and Wilson Creek may be affected by mining operations. The Division finds, however, <br />that operations and reclamation activities comply with the requirements of Rules 2.06.8(3)(c), <br />2.06.8(4), 2.06.8(5), and 2.07.6(2)(k). For additional specific findings concerning these alluvial <br />valley floors, please see Section B, Item XVII of this document. <br />1. Land Use. The Division approved the post-mining land use of the operation as rangeland. It <br />was determined that range and wildlife use meets the requirements of Rule 4.16 for the permit <br />area [in compliance with Rule 2.07.6(2)(1)]. <br />J. Specific Approvals. Specific approvals required under Rule 4 have been granted. These <br />approvals are addressed in Section B of this document [in compliance with Rule 2.07.6(2)(m)]. <br />K. Endangered or Threatened Species. The Division finds that the activities proposed by the <br />Applicant would not affect the continued existence of endangered or threatened species or result <br />in the destruction or adverse modification of their critical habitats [in compliance with <br />Rule 2.07.6(2)(n)]. (See Letters, 28 July 1997 and July 29, 1997, United States Department of <br />the Interior, Bureau of Land Management, as Attachments 5 and 6, also found in Exhibit 10 of <br />the Permit). Additionally, through a request by the Office of Surface Mining, the USFWS <br />performed a formal Section 7 consultation (a biological assessment) for threatened and <br />endangered species at the Colowyo Mine. On 9 March 2007 the USFWS responded to the OSM <br />and issued a "Final Biological Opinion" stating that the proposed activities in the South Taylor <br />area would not affect the listed threatened and endangered species. <br />L. Fees. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As <br />of 4 September 2009, the Operator is current in the payment of reclamation fees required by 30 <br />CFR Chapter VII, subchapter R. [In compliance with Rule 2.07.6(2)(0).] <br />Section B - Findings and Specific Approvals Required by Rule 4 <br />I. Roads - Rule 4.03 <br />The Permit is found to be in compliance with the requirements of Rule 4.03. Information on <br />roads is presented in Sections 4.03, in Volumes I and XII and Maps 25 and 25A of the Permit. <br />Four types of roads are described in the Permit: haul roads, an access road that has been <br />redesignated as a haul road, access roads and light-use roads. <br />A. Haul Roads - Rule 4.03.1. The main haul road (Haul Road A), which runs approximately four <br />miles from the active pit area to the secondary crusher at the loadout, has been paved with <br />Proposed Decision and Findings of Compliance 14 September 2009 <br />Permit Renewal 05 Page 33