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affect the continued existence of endangered or threatened species or result in the destruction or <br />adverse modification of their critical habitats (2.07.6(2)(n)). The Division had required, as <br />Stipulation No. 43, attached to the Permit Renewal No. 2 decision document, that the operator <br />recalculate all potential water depletions associated with the Bowie No. 1 Mine. This <br />calculation, submitted in Minor Revision No. 86, was used to determine the amount of <br />compensation that the operator remitted to the United States Fish and Wildlife Service for <br />compliance with the "Windy Gap" process of the Endangered Species Act (2.07.6(2)(n)). <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of this <br />time, Bowie Resources, LLC, is current in the payment of reclamation fees required by 30 CFR <br />Chapter VII, subchapter R (2.07.6(2)(0)). <br />Section B - Rule 4 <br />L 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 the <br />permit application, in Maps 8 -1, 8A -9A through C, 8A -10, 8A -11, 8A -12, 6A -2A through G, <br />8 -3, and in Figure 2.05 -3. Stability information can be found in Volume 6 of the application <br />package. <br />The Bowie No. 1 Mine road system consists of seven haul roads, four access roads (one <br />reclaimed) and five light use roads. Four haul roads were at the main East Mine facilities area <br />(now reclaimed with the removal of the asphalt paving and the narrowing of the road's width), at <br />the West Mine (now reclaimed), at the West Ridge Waste Pile and at the R.O.M. stockpile (most <br />of the length of which has been reclaimed). The three remaining haul roads are the three short, <br />paved entrances at the unit train loadout. The access roads at the East Mine include an access <br />road leading from the crushing and screening bench up to the warehouse area, portal bench and <br />fan bench, an access road (now reclaimed) that led to the West Ridge Waste Pile pond, an access <br />road which leads to the old waste disposal pile and sedimentation ponds 1 and 2 and an access <br />road which leads to sedimentation ponds 3 and 4 from BLM road leading to the old Converse <br />Mine. The five light use roads include three roads at the East Mine, named east, central and west <br />roads, which provide access for hydrologic and subsidence monitoring, a road leading from the <br />main East Mine facilities fan bench to the explosives storage area and a road leading to the West <br />Mine fan area. <br />At the main East Mine facilities area, there is one haul road, the asphalt paving of which has now <br />been removed, leading from the now reclaimed security post No. 1 at the turnoff from the <br />Steven's Gulch road to the crushing and screening bench, also reclaimed. The mine site haul road <br />and access roads were constructed prior to the enactment of SMCRA and the Regulations of the <br />Colorado Mined Land Reclamation Board for Coal Mining, and at that time the haul and access <br />road embankments and road cuts were not constructed according to the specifications set forth in <br />Rule 4.03. Alternative specifications may be authorized by the Division if the applicant can <br />demonstrate through appropriate geotechnical analysis that the existing road embankments have <br />a minimum safety factor of 1.25, and that the road cuts have a minimum safety factor of 1.5 or <br />that a lesser safety factor will not result in significant environmental harm or harm to the public <br />health or safety (4.03.1(3)(c)(i) and (3)(d)(ix), and 4.03.2(3)(C)(i) and (3)(d)(ix)). <br />The operator demonstrated that the haul road and access roads are stable and would continue to <br />meet the performance standard. The demonstration was supplied in a report (Phase II - <br />Page 18 of 42 <br />