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control of fugitive dust will occur, sediment control measures will be implemented, and <br />use of potentially toxic herbicides near critical habitat will be restricted. <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch <br />through the use of the Applicant violator System. As of this time, CAM- Colorado LLC the <br />operator, is current in the payment of reclamation fees required by 30 CFR Chapter VII, <br />subchapter R (2.07.6(2)(0)). <br />Section B - Rule <br />Roads - Rule 4.03 <br />A. Haul Roads <br />Haul Roads #1 and #2 have been designed in accordance with the requirements of <br />Rule 4.03.1.1. <br />B. Access Roads <br />The Access Road has been designed in accordance with the requirements of Rule <br />4.03.2.1. <br />C. Light -Use Roads <br />Light Use Roads #1 and #2 are in compliance with the requirements of Rule 4.03.3. <br />II. Support Facilities - Rule 4.04 <br />A. Construction of support facilities will not result in damage, destruction, disruption <br />of oil, gas, or water wells or pipelines, coal slurry pipelines, railroads, or utility <br />lines which pass over, under, through the permit area. Written approval from the <br />owner of the affected facilities has been submitted. Therefore the Division <br />proposes to approve those activities (4.04(6)). <br />III. Hydrologic Balance - Rule 4.05 <br />A. Water Quality Standards and Effluent Limitations <br />The Division proposes to grant a small area exemption from use of sediment <br />ponds due to the limited size of the area and due to the fact that ponds and <br />treatment facilities are not necessary for the drainage to meet the effluent <br />limitations of Rule 4.05.2 and applicable State and Federal water quality <br />standards for receiving streams and also due to the fact that no mixing of <br />surface drainage with a discharge from underground workings will occur. The <br />small area to be exempted is topsoil stockpile no. 2, located along the railroad <br />spur between Reed Wash and the Loma Drain. It is referred to as SAE #1 and <br />23 <br />