2017-02-10_PERMIT FILE - C1981041

• Permit No: C1981041
• IBM Index Class Name: Permit File
• Doc Date: 2/10/2017
• Section_Exhibit Name: Tab 15 Postmining Land Use
• Media Type: D
• Archive: No

There are 4.0 acres of bonded land west of the Colorado River. The post mining land use
on these 4.0 acres has been changed from fish and wildlife to commercial. These acres
are shown on Exhibit 63. The post mining land use for the remaining adjacent land within
the permit boundary west of the Colorado River is fish and wildlife. These remaining
adjacent lands will be developed for the Sports Complex which is a commercial land use
and a higher and better use of the land. The post mining land use of the 4.0 acres of
bonded land is therefore compatible with the adjacent land use. Appendix 15-3 includes
the approved Conditional Use Permit (CUP) and other related documents.
The approved postmining land use will be considered to have substantially commenced
and likely to be achieved after work is commenced on the Sports Complex on any portion
of the 4.0 acres of bonded land. The 4.0 acres consist of of the reclaimed G substation
(0.6 acres), reclaimed pond 11 (1.2 acres), and the remaining 2.2 acres on CRDA1.
The alternative postmining land use on the 4.0 acres at the North Portal area is
commercial and in the event the alternate is not developed, the vegetation success
standards for the purposes of bond release will revert back to that of fish and wildlife.
The activities associated with the land use changes are regulated by Mesa County. As
such, the activities are regulated to assure there is no actual or probable hazard to public
health or safety nor will it pose actual or probable threat of water flow diminution or
pollution contrary to State or Federal laws, Rules or Regulations. Mesa County has
certain rules regarding run-off from industrial sites that will eliminate any actual or
probable threat of water flow diminution or pollution contrary to State or Federal laws,
Rules and Regulations.
An Access Road Easement was granted to the U.S. Bureau of Land Management (BLM)
on that portion of Coal Canyon Road which intersects the operator's properties west of
the Colorado River. The easement, recorded with Mesa County in Book 1756, Page 498,
is a perpetual exclusive easement for access to public lands, reserving right of ingress
and egress over and across the road to Grantor.
Exhibit 62 shows the pre -mining land use. Exhibit 63 shows the post -mining land use.
With the exception of the Colorado Division of Reclamation, Mining and Safety and the
Mesa County Department of Planning and Development, no other state or local agencies'
authorizations are required to achieve the post -mining land uses described above.
MR -84 15-2 Rev 01/17