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Without a specific industrial use, it is impossible to revise the reclamation plan—showing how <br />the operator is reusing facilities etc. and creating this higher and better use. <br /> <br /> <br />Since there is now no PLAN for the specific industrial use under PR05 (except for the proposed plan by <br />Paonia Holdings LLC which was denied under county regulations) PR 05 should be denied. If Bowie <br />Resources wants to change the post mining use to Industrial—they should reapply under a specific <br />industrial “higher and better use” which will allow DRMS to determine that industrial use IS a higher and <br />better use than the permitted post mining reclamation agreement in place. To decide on the change to <br />industrial use, DRMS has to take into consideration not only if it is a higher and better use, but that it is <br />compatible to the surrounding property uses. Without a specific plan, DRMS cannot determine either of <br />these as meeting criteria in regulation 4.16. <br /> <br />Any time in the past that a change of use has been approved by DRMS to Industrial –at least in any of <br />the permit revisions for change of use I have reviewed (i.e. Cameo), there has always been an operation <br />for the industrial use proposed—for example—as a fruit stand, or a facility by Haliburton using the <br />remaining load out buildings etc. At no time has a coal mine proposed a GENERAL change to industrial <br />use. <br /> <br />If a coal mine operator could just request a permit revision for a change of use for any non-specified <br />industrial use (or commercial use) without regard for what the site would actually be used for—just <br />stating that ANY such use was a higher and better use—then the whole reclamation process provided <br />under the regulations would be useless. <br /> <br />Let Bowie reapply with a specific development use –with plans, maps, resources, reuse of facilities, <br />etc.—so that both DRMS and the public have a method of evaluating such a proposed change. <br /> <br />Please deny the PR05 extension for a decision. Or just deny the PR05 application…if Bowie refuses to <br />withdraw it. <br /> <br /> <br /> <br /> <br />