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12. Based on information provided the application, the Division has determined that an alluvial valley <br />floor exists within the adjacent area. The alluvial valley floor exists outside the permit area, is <br />along the North Fork of the Gunnison River and will not be affected by the Bowie No. 2 Mine <br />(2.07.6(2) and 2.06.8(3)(C)). <br />For additional specific findings concerning this alluvial valley floor, refer to Section B, XVII. <br />13. The Division hereby approves the post-mining land use of the operation. It was determined that <br />the proposed post-mining land use of rangeland and wildlife habitat, pastureland, cropland and <br />industrial meets the requirements of Rule 4.16 for the permit area (2.07.6(2)(1)). <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in the <br />following section, Section B (2.07.6(2)(m)). <br />15. In prior consultation with the Colorado Division of Wildlife and the United States Fish and <br />Wildlife Service, the Division found that the activities proposed by the applicant would not affect <br />the continued existence of endangered or threatened species or result in the destruction or adverse <br />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 the 2007 Permit Renewal No. 2, Section 7 consultations had occurred in 1999, 2001, <br />2003 and 2004. It was decided by the Office of Surface Mining that the Section 7 consultation <br />with the U.S. Fish & Wildlife Service for Technical Revision No. 45 would suffice for Permit <br />Renewal No. 2. In a memorandum dated April 13, 2007, the U.S. Fish & Wildlife Service <br />determined that no new water depletions will occur so the existing Recovery Implementation <br />Program for the Endangered Fish Species in the Upper Colorado River Basin will suffice. <br />Concerning the Bowie No. 1 Mine permit acreage that is proposed to be transferred to the Bowie <br />No. 2 Mine through PR-12, a Section 7 consultation was made during Permit Renewal No. 5 <br />(RN-5) for the Bowie No. 1 Mine. Based on a T&E survey dated December 2007 for RN-5, OSM <br />determined that, since the mine is in reclamation and, therefore, has a net decrease in the water <br />depletion at the mine, no effect on T&E species is expected to occur. <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br />November 12, 2010, 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 />27