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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 (2.07.6(2)(n)) as documented in a letter from <br />the Office of Surface Mining and the U.S. Fish and Wildlife Service received by the <br />Division on May 3, 2012. The USFWS did state that the Gunnison sage grouse is currently <br />a candidate species and that a determination on listing the bird will be made in the future. <br />Therefore, a stipulation will be attached to the permit requiring WFC to evaluate the <br />mining and reclamation activities to determine if the activities may result in take of <br />Gunnison sage grouse if the species is listed. <br /> <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br />this time, Western Fuels-Colorado, LLC, the operator is current in the payment of <br />reclamation fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(o)). <br /> <br /> <br />Section B - Rule 4 <br /> <br />I. Roads - Rule 4.03 <br /> <br />A. Haul Roads <br /> <br /> Haul Roads are described in Section 2.05.3 and detailed on Map 2.05.3(3)-3 of the <br />permit application. The three roads, ranging in width from 40 to 50 feet, will be <br />located entirely within the bounds of the disturbed area in accordance with 4.05.2(4). <br />Drainage from the haul roads will be directed to sedimentation ponds within the <br />permit boundary using a system of ditches and culverts, thus preventing additional <br />contributions of suspended solids to streamflow or to runoff outside the permit area. <br />The roads will be surfaced with gravel; prudent dust control practices will be used as <br />necessary. No haul roads will be retained as permanent features. <br /> <br />B. Access Roads <br /> <br /> No Access Roads have been proposed for the New Horizon North Mine permit. <br /> <br />C. Light-Use Roads <br /> <br /> The proposed Equipment Corridor, which connects the New Horizon North permit <br />area with WFC’s present mining operation at the New Horizon Mine, is classified as <br />a Light Use Road. Plan and Profile of the corridor are shown on Map 2.05.3-2 of the <br />permit. At its southern end, the corridor will cross Tuttle Draw, which is a perennial <br />stream. The crossing will entail installation of a temporary culvert to carry the flow <br />of Tuttle Draw, and temporary fill to construct the road embankment. WFC will be <br />pursuing issuance of a 404 Permit from the U.S. Army Corps of Engineers for the <br />discharge of fill into waters of the U.S. <br /> <br />SN.2–EC <br />TIPULATION O QUIPMENT ORRIDOR <br /> <br /> <br /> <br />21 <br /> <br />