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on July 14, 2009. The U.S. Fish and Wildlife Service concurred with OSM's determination that, "the <br />proposed Foidel Creek Mine-Mining Plan Modification may affect, likely to adversely affect" to four <br />Colorado River endangered fish species. Water depletion impacts to the four endangered Colorado <br />River fishes and their critical habitat were previously addressed in the U.S. Fish and Wildlife Service's <br />biological opinions GJ-6-CO-95-F-007 and GJ-6-CO-97-F-014. <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of this time, <br />October 30, 2009, Twentymile Coal Company 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 <br />A. Haul Roads <br />Haul roads are discussed on pages 2.05-66 to 2.05-70, pages 2.05-72 to 2.05-72.2 of Vol. I and pages <br />2.05-8 to 2.05-12 of Vol. VII of the permit application. <br />1. The Division has previously approved the location of a portion of haulroad C in the channel of <br />Foidel Creek, which drains a watershed of at least 1 square mile, as depicted on Map No. 24 <br />Surface Facilities and Freshwater Systems. Haulroad C passes over Foidel Creek in two places <br />and the flow is diverted under the haulroad by the use of culverts (4.03.1(2)(b)). <br />B. Access Roads <br />Access roads are discussed on pages changes 2.05-70 to 2.05-72, and page 2.05-73 of Vol. I, Figure 22 <br />of Vol. III, and pages 2.05-12 to 2.05-13 of Vol. VII of the permit application. <br />The landowner has requested the retention of the first 6300 feet of the access road depicted <br />on Map No. 26, which currently accesses the Fish Creek Borehole facility. Retention of this <br />road is compatible with the approved post mining land use of pastureland, as it will allow <br />the landowner access for management activities. The Division has approved retention of the <br />first 6300 feet from County Road No. 27 of this access road (4.03.2(l)(f)). <br />2. The road to the Eastern Mining District dewatering borehole is proposed to be left as a <br />permanent road to facilitate the post-mining land-uses of pastureland and cropland. The <br />first 1600 feet of this road was upgraded to an access road. The Division has approved <br />retention of this road from County Road No. 33 to the dewatering borehole location <br />(4.03.2(1)(f)). <br />C. Light Use Roads <br />Light use roads are discussed on pages 2.05-73 to 2.05-74 of Vol. I and pages 2.05-13 to 2.05-14 of <br />Vol. VII of the permit application. <br />1. The light use road to the powerline substation will be retained as permanent. The light use <br />road to the borehole meter will be reclaimed following completion of the work associated <br />with this feature. One light use road exists at the Fish Creek Tipple facility, which will be <br />reclaimed. <br />19