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<br /> <br /> <br /> 55 C1981-041 RN7 findings <br />SCC made the appropriate demonstration required by 4.05.2(2). <br /> <br /> SCC found a good photo of the irrigated lands at the loadout before any of it was <br />disturbed by mining. The 1976 photo was scanned and inserted into ACAD to <br />determine the extent of the irrigated land to address alluvial valley floor considerations <br />(see Figures 33-1 and 33-2 of the permit application package). A total of 26.1 acres <br />were being farmed in 1976. The water right at the loadout is limited to the irrigation <br />of 14 acres. SCC determined that 13.9 acres of the irrigable land were inside the loop <br />and 12.2 acres were outside the rail loop. SCC concluded it would be possible to <br />restore the capability of flood irrigation to the land outside the loop. The original <br />reclamation plan was to restore the capability to flood irrigate the land. Upon approval <br />of the land use change under PR-4, the reclamation plan would be similar. SCC would <br />be able to flood irrigate 87% of the acreage for which irrigation water is available. <br /> <br /> Under the plan as amended by Permit Revision No. 4, the majority of the disturbed <br />lands in the permit area will be reclaimed to support a “Fish and Wildlife Habitat” <br />postmining land use (see Exhibit 63). With approval of the revision application (PR- <br />4), the Unit Train Loadout and portion of the railroad spur and overland conveyor <br />corridor, north of I 9/10 Road, were converted from “Fish and Wildlife Habitat” to <br />“Industrial or Commercial”. The land use change allowed for long term post-mine <br />use of the loadout area and various associated facilities for rail loading, unloading, <br />and storage of construction materials. Halliburton currently uses the loadout and a <br />portion of the railroad spur and overland conveyor as an industrial site. SCC entered <br />into an agreement with Halliburton to allow them to begin using the loadout facility <br />for unloading freight cars, storage and shipping of construction materials during the <br />first quarter of 2006. In January 2006 the Division approved TR-48 to incorporate <br />into the permit application package the necessary approvals for the unloading, storage, <br />or loading directly onto trucks specified materials within the unit train loadout and <br />along Haul Road #3. Halliburton continues to use the loadout facility for these <br />purposes. <br /> <br /> Prior to the sale of the loadout facility to Halliburton, Snowcap Coal Company was <br />the legal owner of the surface for all lands within the Unit Train Loadout and portions <br />of the Railroad Spur and Overland Conveyor, for which the proposed post-mine land <br />use change was requested. In accordance with 2.05.5(2)(b), a Surface Landowner <br />Consent was signed on May 9, 2007 by Nelson L. Kidder Vice-President of Snowcap <br />Coal Company and was submitted for inclusion into the permit application package. <br />SCC contacted the Mesa County Department of Planning and Economic Development <br />to obtain their comments on the plan proposed with PR-4. Mesa County Department <br />of Planning and Economic Development which is the local government agency that <br />would have to approve the use of the land following reclamation. Subsequently, <br />Halliburton submitted an application for a Mesa County Conditional Use Permit. In <br />December 2008, Mesa County approved a Conditional Use Permit for the Halliburton <br />– Cameo Sand Storage Facility. <br /> <br />Please see Section B. X of the Proposed Decision and Findings of Compliance for PR-