2013-04-05_REVISION - C1996083 (12)

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12. Based on information provided the application, the Division has determined that an alluvial valley floor exists within the adjacent area. The alluvial valley floor exists outside the permit area, is along the North Fork of the Gunnison River and will not be affected by the Bowie No. 2 Mine (2.07.6(2) and 2.06.8(3)(C)). For additional specific findings concerning this alluvial valley floor, refer to Section B, XVII. 13. The Division hereby approves the post- mining land use of the operation. It was determined that the proposed post- mining land use of rangeland and wildlife habitat, pastureland, cropland and industrial meets the requirements of Rule 4.16 for the permit area (2.07.6(2)(1)). 14. Specific approvals have been granted or are proposed. These approvals are addressed in the following section, Section B (2.07.6(2)(m)). 15. In consultation with the Colorado Division of Wildlife and the United States Fish and Wildlife Service, the Division found that the activities proposed by the applicant would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats (2.07.6(2)(n)), provided that appropriate mitigation efforts are performed. Letters from both agencies are presented in Volume III, Exhibit 9 of the permit application document. 16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of June 22, 2003, the operator is current in the payment of reclamation fees required by 30 CFR, Chapter VII, subchapter R (2.07.6(2)(0)). Section B - Rule 4 I. Roads - Rule 4.03 A. Haul Roads Two sections of haul roads were built at the Bowie No. 2 Mine. One paved haul road was used to carry coal from the mine portal to the old State highway 133. With the construction of the conveyor line system and unit train loadout, the haulage of coal by truck on this road was greatly diminished. A second haul road leading to the gob pile was built along an old rail bed. Construction of a third haul road was approved in Permit Revision No. 7, connecting the B -2 coal seam portal bench to the main paved haul road. Alternative criteria and specifications were not used during the design of haul roads (4.03.1(1)(e)). 2. The Division approved the retention of a portion of the haul road depicted on Map No. 18, since it is compatible with the approved post- mining land use, and a request for its retention was submitted by the landowner (4.03.1(1)(f)(1)). The Division does not propose to approve the location of a portion of the haul road in the channel of an ephemeral stream draining a watershed of at least one (1) square mile, an intermittent or perennial stream (4.03.1(2)(b)). 19