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Evaluation <br />The area proposed for full liability release is within the northeast portion <br />of the permitted area, including mine areas 4 and 5, the temporary bypass to <br />County Road AA, and the topsoil stockpile #1, which contains topsoil stripped <br />from the temporary bypass road. The designated post-mining land use for <br />this area is industrial/commercial. The area encompasses 55.6 acres and is <br />delineated within Exhibit 22-3, "End Land Use", of the Nucla Mine Permit. <br />Because this area with become a landfill, no grading or backfilling is <br />necessary by the permittee. Therefore, Peabody Coal Company has fulfilled <br />the reclamation requirements for this area. Montrose County has issued a <br />Certificate of Designation which covers the entire landfill exclusion area. <br />Use of this area as a landfill is the land use that the surface owner <br />requires. Therefore, the provisions of Rule 2.05.5(1)(a)(iii) have been met. <br />/e n <br />7828E <br />