2014-10-10_REVISION - C1996083 (4)

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slopes greater than 6 percent and, therefore, are not considered prime farmland, according to Rule 2.04.12(2)(b). The decision was based on information presented in Section 2.04.12 of the Bowie No. 2 Mine permit application and upon a letter dated June 6, 1996 from the Natural Resource Conservation Service (Volume III, Exhibit 14, Bowie No. 2 Mine permit application document) that demonstrates that no prime farmland mapping units are found within the permit area (2.07.6(2)(k)). 12. The alluvial valley floor exists outside the permit area, is along the North Fork of the Gunnison River and will not be affected by the Bowie No. 2 Mine (2.07.6(2)(k) and 2.06.8(3)(c)). For additional specific findings concerning this alluvial valley floor please see Section B, XVII. 13. The Division hereby approves the post- mining land use of the operation. It was determined that the proposed post- mining land use of rangeland and wildlife habitat, pastureland, cropland and industrial meets the requirements of Rule 4.16 for the permit area (2.07.6(2)(1)). 14. Specific approvals have been granted or are proposed. These approvals are addressed in the following section, Section B (2.07.6(2)(m)). 15. In consultation with the Colorado Division of Wildlife and the United States Fish and Wildlife Service, 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 (2.07.6(2)(n)), provided that appropriate mitigation efforts are performed. Letters from both agencies are presented in Volume III, Exhibit 9 of the permit application document. (2.07.6(2)(n)). 16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of this time, Bowie Resources, LLC, the applicant is current in the payment of reclamation fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). Section B - Rule 4 I. Roads A. Haul Roads Two sections of haul roads were built at the Bowie No. 2 Mine. One paved haul road was used to carry coal from the mine portal to the old State Highway 133. With the construction of the conveyor line system and unit train loadout, the haulage of coal by truck on this road was greatly diminished. A second haul road leading to the gob pile was built along an old rail bed. Construction of a third haul road was approved in Permit Revision No. 7, connecting the B -2 coal seam portal bench to the main paved haul road. No haul roads are proposed for construction under this permit revision. 1. Alternative criteria and specifications were not used during the design of haul roads. (4.03.1(1)(e)). Page 30 of 46