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• 14. Specific approvals have been granted or aze proposed. These approvals are addressed in the following section, Section B (2.07.6(2)(m)). I5. In consultation with the Colorado Division of Wildlife and the United States Fish and Wildlife Service, the Division found 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 [hat appropriate mitigation efforts are performed.. Letters from both agencies are presented in Volume III, Exhibit 9 of [he permit application document. In a letter dated July 31, 2001, the U.S. Fish & Wildlife Service stated that the proposed operations in Permit Revision No.S would not impact threatened or endangered species, since the revision would not increase the production rate or the water depletion estimate that had been established in Permit Revision No. 3. Based on the water depletion estimate supplied by Bowie Resources Limited for Permit Revision No. 3, and on the biological assessment performed by the U.S. Fish & Wildlife Service, through the Office of Surface Mining, the Division found 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)). This was because Bowie Resources contributed a one time fee to the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin, a mitigation plan sponsored by the U.S. Fish & Wildlife Service. The fee was based on the water depletion estimate • for the mine plan changes proposed in Permit Revision No. 3. Proof of payment is contained in a letter, dated December l7, 1999, from Bowie Resources Limited to the National Fish and Wildlife Foundation. The letter is in Exhibit 9 of Volume III of [he Bowie No. 2 permit application. 16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of this time, September 25, 2001, the operator 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 -Rule 4.03 A. Haul Roads Two sections of haul roads were built at the Bowie No. 2 Mine. One paved haul road is used to carry coal from the mine portal to the old State highway 133. A second haul road leading to the gob pile was built along an old rail bed. Alternative criteria and specifications were not used during the design of haul roads (4.03.1(1)(e)). 21