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impact threatened or endangered species, since the revision would not increase the <br />production rate or the water depletion estimate that had been established in Permit <br />Revision No. 3. Based on the water depletion estimate supplied by Bowie Resources <br />Limited for Permit Revision No. 3, and on the biological assessment performed by the <br />U.S. Fish & Wildlife Service, through the Office of Surface Mining, the Division found <br />that the activities proposed by the applicant would not affect the continued existence of <br />endangered or threatened species or result in the destruction or adverse modification of <br />their critical habitats (2.07.6(2)(n)). This was because Bowie Resources contributed a one <br />time fee to the Recovery Implementation Program for Endangered Fish Species in the <br />Upper Colorado River Basin, a mitigation plan sponsored by the U.S. Fish & Wildlife <br />Service. The fee was based on the water depletion estimate for the mine plan changes <br />proposed in Permit Revision No. 3. Proof of payment is contained in a letter, dated <br />December 17, 1999, from Bowie Resources Limited to the National Fish and Wildlife <br />Foundation. The letter is in Exhibit 9 of Volume III of the Bowie No. 2 permit <br />application. <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As <br />of January 11, 2002, the operator is current in the payment of reclamation fees required <br />by 30 CFR, Chapter VII, subchapter R (2.07.6(2)(0)). <br />Section B -Rule 4 <br />I. 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 <br />road is used to carry coal from the mine portal to the old State highway 133. A <br />second haul road leading to the gob pile was built along an old rail bed. <br />1. Alternative criteria and specifications were not used during the design of <br />haul roads (4.03.1(1)(e)). <br />2. The Division approved the retention of a portion of the haul road depicted <br />on Map No. 18, since it is compatible with the approved post-mining land <br />use, and a request for its retention was submitted by the landowner <br />(4.03.1(1)(f)(i)). <br />3. The Division does not propose to approve the location of a portion of the <br />haul road in the channel of an ephemeral stream draining a watershed of at <br />least one (1) square mile, an intermittent or perennial stream <br />(4.03.1(2)(6)). <br />4. The Division approved haul road encroachment into an ephemeral stream <br />with a watershed less than one (1) square mile during the construction <br />24 <br />