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modification of their critical habitats (2.07.6(2)(n)), provided that appropriate mitigation efforts <br />are performed.. Letters from both agencies are presented in Volume III, Exhibit 9 of the permit <br />application document. <br />Prior to Permit Renewal No. 2, Section 7 consultations occurred in 1999, 2001, 2003 and 2004. It <br />was decided by the Office of Surface Mining that the Section 7 consultation with the U.S. Fish & <br />Wildlife Service for Technical Revision No. 45 would suffice for Permit Renewal No. 2. <br />Technical Revision No 45 is currently in review but the Section 7 consultation is finished. In a <br />memorandum dated April 13, 2007, the U.S. Fish & Wildlife Service determined that no new <br />water depletions will occur so the existing Recovery Implementation Program for the Endangered <br />Fish Species in the Upper Colorado River Basin will suffice. <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br />November 20, 2008, 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 />1. 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 was <br />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 was <br />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 />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 />The Division does not propose to approve haul road cut slopes steeper than <br />1.5H:1 V in unconsolidated materials or 0.25H:1 V in rock (4.03.1(3)(c)(i)). <br />25