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There are 4.0 acres of bonded land west of the Colorado River that will be changed from <br />fish and wildlife to commercial. These acres are shown on Exhibit 63. The post mining <br />land use for the remaining adjacent land within the permit boundary west of the Colorado <br />River is fish and wildlife. These remaining adjacent lands will be developed for the <br />Sports Complex which is a commercial land use and a higher and better use of the land. <br />The post mining land use of the 4.0 acres of bonded land is therefore compatible with the <br />adjacent land use. Appendix 15-3 includes the approved Conditional Use Permit (CUP) <br />and other related documents. <br />The approved postmining land use will be considered to have substantially commenced <br />and likely to be achieved after the following occur: <br />1. Construction associated with the shooting facility impacts any portion of the 0.6 <br />acres known as the G Substation; or the 0.6 acres at the G Substation are <br />considered unsafe for continued monitoring and inspection by the Operator. <br />2. Construction associated with the shooting facility impacts any portion of the 1.2 <br />acres at Pond 11; or the 1.2 acres at Pond 11 are considered unsafe for <br />continued monitoring and inspection by the Operator; and <br />3. Construction associated with the shooting facility impacts any portion of the 2.2 <br />acres on CRDA-1; or the 2.2 acres on CRDA-1 are considered unsafe for <br />continued monitoring and inspection by the Operator. <br />Unsafe conditions would be the result of shooting ranges being near the G Substation, <br />Pond 11 or CRDA-1. <br />The alternative postmining land use on the 4.0 acres at the North Portal area will be <br />commercial and in the event the alternate is not developed, the vegetation success <br />standards for the purposes of bond release will revert back to that of fish and wildlife. <br />The activities associated with the land use changes are regulated by Mesa County. As <br />such, the activities are regulated to assure there is no actual or probable hazard to public <br />health or safety nor will it pose actual or probable threat of water flow diminution or <br />pollution contrary to State or Federal laws, Rules or Regulations. Mesa County has <br />certain rules regarding run-off from industrial sites that will eliminate any actual or <br />probable threat of water flow diminution or pollution contrary to State or Federal laws, <br />Rules and Regulations. <br />An Access Road Easement was granted to the U.S. Bureau of Land Management (BLM) <br />on that portion of Coal Canyon Road which intersects the operator's properties west of <br />the Colorado River. The easement, recorded with Mesa County in Book 1756, Page 498, <br />is a perpetual exclusive easement for access to public lands, reserving right of ingress <br />and egress over and across the road to Grantor. <br />Exhibit 62 shows the pre -mining land use. Exhibit 63 shows the post -mining land use. <br />With the exception of the Colorado Division of Reclamation, Mining and Safety and the <br />Mesa County Department of Planning and Development, no other state or local agencies' <br />authorizations are required to achieve the post -mining land uses described above. <br />PR -6 15-2 Rev 10/16 <br />