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15. In consultation with the Colorado Division of Wildlife and the United States Fish and Wildlife <br />Service, the Division found 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 adverse <br />modification of their critical habitats (2.07.6(2)(n)), provided that appropriate mitigation efforts are <br />performed. Letters from both agencies are presented in Volume IIl, Exhibit 9 of the permit <br />application document. <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br />November 20, 2017, the operator is current in the payment of reclamation fees required by 30 CFR, <br />Chapter VII, subchapter R (2.07.6(2)(0)). <br />Section B - Rule 4 <br />Roads - Rule 4.03 <br />A. Haul Roads <br />Two sections of haul roads were built at the Bowie No. 2 Mine. One paved haul road <br />was used to carry coal from the mine portal to the old State highway 133. With the <br />construction of the conveyor line system and unit train loadout, the haulage of coal by <br />truck on this road was greatly diminished. A second haul road leading to the gob pile <br />was built along an old rail bed. Construction of a third haul road was approved in Permit <br />Revision No. 7, connecting the B-2 coal seam portal bench to the main paved haul road. <br />Alternative criteria and specifications were not used during the design of haul <br />roads (4.03.1(1)(e)). <br />2. The Division approved the retention of a portion of the haul road depicted on <br />Map No. 18, since it is compatible with the approved post -mining land use, and a <br />request for its retention was submitted by the landowner (4.03. 1 (1)(f)(i)). <br />3. The Division does not propose to approve the location of a portion of the haul <br />road in the channel of an ephemeral stream draining a watershed of at least one <br />(1) square mile, an intermittent or perennial stream (4.03.1(2)(b)). <br />4. The Division approved haul road encroachment into an ephemeral stream with a <br />watershed less than one (1) square mile during the construction period, since it <br />did not alter normal water flow, contribute sediment, or adversely affect fish or <br />wildlife (4.03.1(2)(c)). <br />5. The Division does not propose to approve haul road cut slopes steeper than <br />1.5H:1V in unconsolidated materials or 0.25H:1V in rock (4.03.1(3)(c)(i)). <br />B. Access Roads <br />One access road was built to provide access from the portal bench to the utility bench <br />above the portal bench. Several short length access roads were built that lead from the <br />main paved haul road to important points along the utility corridor, for access to the <br />conveyor line, water line and high voltage power line. There is also an access road south <br />of the unit train loadout. <br />25 <br />