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15. The Division finds, based on prior permit application information, various additional annual <br />reports, and monthly site inspections, that the activities proposed by the applicant would not <br />affect the continued existence of endangered or threatened species or result in the destruction <br />or adverse modification of their critical habitats (2.07.6(2)(n)). The Division had required, <br />as Stipulation No. 43, attached to the Permit Renewal No. 2 decision document, that the <br />operator recalculate all potential water depletions associated with the Bowie No. 1 Mine. <br />This calculation, submitted in Minor Revision No. 86, was used to determine the amount of <br />compensation that the operator will remit to the United States Fish and Wildlife Service for <br />compliance with the "Windy Gap" process of the Endangered Species Act.. <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br />December 19, 2003, the operator is current in the payment of reclamation fees required by 30 <br />CFR Chapter VII, subchapter R (2.07.6(2)(0)). <br />Section B -Rule 4 <br />I. Roads -Rule 4.03 <br />Road information for the Bowie No. 1 Mine can be found in Sections 2.05.3 and 4.03 of <br />the permit application, in Maps 8-1, 8A-9A through C, 8A-10, 8A-11, 8A-12, 6A-2A <br />through G, 8-3, and in Figure 2.05-3. Stability information can be found in Volume 6 of <br />the application package. <br />The Bowie No. 1 Mine road system consists of four haul roads, four access roads and <br />five light use roads. The four haul roads are at the main East Mine facilities azea, at the <br />West Mine, at the West Ridge Waste Pile and at the R.O.M. stockpile. The access roads <br />at the East Mine include an access road leading from the crushing and screening bench <br />up to the warehouse area, portal bench and fan bench, an access road leading to the West <br />Ridge Waste Pile pond, an access road which leads to the old waste disposal pile and <br />sedimentation ponds 1 and 2 and an access road which leads to sedimentation ponds 3 <br />and 4 from BLM road leading to the old Converse Mine. The five light use roads include <br />three roads at the East Mine, named east, central and west roads, which provide access <br />for hydrologic and subsidence monitoring, a road leading from the main East Mine <br />facilities fan bench to the explosives storage azea and a road leading to the West Mine <br />fan area. <br />At the main East Mine facilities azea, there is one paved haul road leading from security <br />post No. 1 at the turnoff from the Steven's Gulch road to the crushing and screening <br />bench. The mine site haul road and access roads were constructed prior to the enactment <br />of SMCRA and the Regulations of the Colorado Mined Land Reclamation Board for <br />Coal Mining, and at that time the haul and access road embankments and road cuts were <br />not constructed according to the specifications set forth in Rule 4.03. Alternative <br />specifications may be authorized by the Division if the applicant can demonstrate <br />through appropriate geotechnical analysis that the existing road embankments have a <br />minimum safety factor of 1.25, and that the road cuts have a minimum safety factor of 1.5 <br />25 <br />