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Regarding the endangered fish species of the upper Colorado River, USFWS noted that, while they consider any water depletions from the Upper Colorado River Basin to adversely affect the endangered fishes and their habitats, they conclude that "the existing Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin will continue to serve as the reasonable and prudent alternative to avoid jeopardy to the endangered fishes by the project- caused depletions". The USFWS determination was based on information provided in the application indicating that the proposed operations would not result in any increase in the estimated net annual water depletion to the Upper Colorado River Basin. USFWS had raised concerns regarding potential impacts of water depletion associated with the operation on endangered fish species of the Colorado River during previous permitting actions. In 1992, USFWS determined that the project was not likely to jeopardize the continued existence of the endangered fishes if the company made a contribution [o the Recovery Implementation Progam for Endangered Fishes of the Upper Colorado River Basin. The operator made the recommended one time payment of $41.93 ($11.98 per acre foot of projected annual depletion) on November 16, 1992. In a letter of January l I, 2000 from Richard P. Krueger of the USFWS to Sandy Vana-Miller of OSM, USFWS clazified that, pursuant to a 1997 USFWS biological opinion, depletion fees are no longer required for annual depletions of 100 acre feet or less (see Appendix P of the approved permit application). Based on a revised water consumption estimate of January 24, 2002, prepazed in association with TR-11 and RN-OS (Appendix P), the McClave Canyon operation would result in a maximum water loss of 13.39 acre feet per yeaz, at a projected coal production level of 1,700,000 tons per year (which is more than triple the projected maximum annual production during the RN-06 permit term). Because the projected annual depletion is less than 100 acre feet, the referenced depletion fee waiver remains applicable. 16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of this time, the operator is current in the payment of reclamation fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). Current payment was verified through AVS checks on December 30, 2005 and November 30, 2006. SECTION B -Rule 4 ROADS -Rule 4.03 Road design and construction narrative is found in Section 2.2.2 of the permit application package (PAP). Road reclamation is discussed in Section 3 of the PAP. Road plan and profile maps, and cross sections aze provided on Exhibits 2.2-4 and 2.2-5. Permitted roads are an existing access haul road extending from State Highway 139 to the portal facilities area which was constructed in the spring of 1977, and light use roads in the sediment pond/soil stockpiles vicinity. The operator has committed to reclaim all roads to approximate original contour (AOC), with no road segments to be retained for the post mining land use. An original haul road certification dated June 7, 1998, and a Road Compliance Statement in Lieu of Certification dated September 18, 1997, is included in Appendix O of the PAP. Rule 4.03.1(1)(d)(ii), which became effective in 1996, allows for a relevant showing of compliance with performance standazds in lieu of certification. The compliance statement was submitted to address compliance with regulatory requirements that became effective subsequent to road construction and subsequent to the original certification. 12