2022-11-07_REVISION - C1981041 (2)

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"Fish and Wildlife Habitat"to"Industrial or Commercial", therefore the requirements of Rule 4.16,3, for Alternative Land Uses, are applicable. Postmining land use areas as amended by PR-3 are delineated on Exhibit 6C (South Portal Area only) and Exhibit 63 (all primary facility areas). Delineated portions of the South Portals area and top of the Roadside Refuse Disposal Area were converted to commercial use for a fruit storage, packing and retail sales location. The subject areas have been leased by Providence Place Inc. (PPI), a local agricultural business, since 2005, and the areas have been used by PPI for commercial purposes since commencement of the lease. Please see Section B.X of the Proposed Decision and Findings of Compliance for PR- 3 dated July 30, 2007 for specific details and findings applicable to approval of the alternative postmining land use at the South Portals area. In October 2008 the Division issued a proposed decision to approve Technical Revision No. 57 (TR-57) to allow SCC to change the postmining land use at the Overland Conveyor, south of I 9/10 Road, from fish and wildlife to industrial. This area is a narrow strip of land less than 5 acres located adjacent to Union Pacific Railroad (UPRR). All structures and associated facilities of the overland conveyor have been removed and final grading and revegetation was completed in 2004. Following completion of the reclamation,the Union Pacific Railroad's employees and contractors have continued to use this site for access to the rail for maintenance and to store materials and equipment. Since SCC had little control as to how the UPRR had been using the land, and taking into consideration that this area was classified as industrial prior to mining, the Division found that in accordance with Rule 2.05.5(2)(d) the postmining land use of industrial was appropriate. The Division notified appropriate agencies of the revision application and received one comment letter from the Colorado Division of Wildlife stating that they have no objection to the proposal and that they believe impacts to wildlife would be negligible. In accordance with 2.05.5(2)(b) SCC notified the legal landowners, and local government agencies which would have to approve the use of the land following reclamation. No written comments or objections were received from any of the legal or equitable landowners. On October 2,2008 the Division received from SCC a copy of Mesa County Department of Planning and Economic Development's letter to SCC (dated September 24,2008)stating that Mesa County had no objections to the requests submitted in TR-57. On July 9, 2007 the Division received the Permit Revision No. 4 application from SCC. With PR-4 SCC requested that all disturbed lands located at the Unit Train Loadout, Railroad Spur, and portions of the Overland Conveyor be changed from a postmining land use of"Fish and Wildlife Habitat" to "Industrial or Commercial". PR-4 was approved in 2009. SCC subsequently sold the loadout property to Halliburton that currently uses the loadout and portions of the railroad spur and overland conveyor as an industrial site. The site within the railroad loop was graded to a relatively flat surface to be used in the operation. The rail loop was left in place since it would be the key feature for the industrial use of the area. All other structures except the truck scale were removed. Remaining coal on and around the coal stockpile and other areas was hauled to the refuse disposal area. During the process of grading, 52