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facilities within the UTL area. These issues are addressed in a letter of January 12, 2000 to <br />Jim Stover, and memos of December 2, 2002 from me to Sandy Brown, and December 3, <br />2002, from Sandy Brown to Dave Berry. The letter and memos are enclosed. Many of <br />these same considerations would apply to an alternative residential land use. <br />At the present time, the operation is inactive (Temporary Cessation) and the loadout is not <br />being used. There is no specific deadline for implementation of reclamation at the loadout. <br />Post-mine land use is wildlife habitat. The disturbed area is within an area that was <br />designated an alluvial valley floor due to the potential for flood irrigated agriculture. Some <br />of the land within the disturbed area was historically flood irrigated prior to 1977, and the <br />reclamation plan requires reconstruction of an irrigation ditch from the headgate location on <br />the canal, to facilitate farming on the AVF by future landowners following bond release. <br />I believe the process that would need to be followed to allow for expedited bond release <br />associated with an alternative residential land use would entail: <br />1) The permittee would need to apply for and obtain approval for a postmine land use <br />change to residential, in accordance with the provisions of Rule 4.16.3, for those portions <br />of the disturbed area that would be directly affected by residential structures and adjacent <br />open space directly related to the residential use. This would be a major permit revision. <br />Compatibility of the residential use and private airstrip with county zoning requirements and <br />other applicable local, state, or federal land use restrictions or requirements would need to <br />be demonstrated, including applicable approvals necessary for location of an airstrip in <br />proximity to the Interstate Highway and Union Pacific railroad. Portions of the disturbed <br />area not directly affected by residential structures and adjacent directly related open space <br />would not be included in the land use change area, and would be subject to all regulatory <br />requirements and time frames associated with wildlife habitat postmining land use. You <br />indicated at the meeting that the prospective buyer had indicated an interest in performing <br />the reclamation within the land use change area. The extent to which the individual would <br />be involved in development and implementation of the alternative land use reclamation plan <br />would need to be worked out between SCC and the potential buyer. However, unless the <br />permit is transferred from SCC to the potential buyer, SCC would remain the responsible <br />party under the DMG permit until final bond release for the alternative land use portion of <br />the permit area. <br />2) An alternative reclamation plan as would be appropriate and necessary to facilitate the <br />alternative land use would need to be included in the revision application, for the alternative <br />land use area. The alternative land use area would need to be accurately delineated on an <br />appropriate permit area map. The plan would need to address facilities demolition and <br />disposal, site grading and clean-up to be performed within the alternative land use area. <br />Any existing structures, facilities, or constructed landscape features within the designated <br />alternative land use area that would be retained for the residential post-mining land use <br />would need to be specifically delineated, and their use under the alternative land use plan <br />would need to be specifically described. Sufficient detail regarding the portions of the <br />disturbed area to be affected by the proposed use (e.g.residence(s), parking, outbuildings, <br />landing strip, and open space directly related to the residential use) would need to be <br />provided in association with the alternative reclamation plan. To the extent that portions of <br />the disturbed area would not be subject to the alternative land use, the reclamation plan <br />that would be applied to any such remaining wildlife habitat postmining land use areas <br />would also need to be addressed in the revision application. <br />3) Grading requirements, irrigation ditch construction, topsoil replacement and inititial <br />revegetation operations required under the current permit to fulfill wildlife habitat <br />reclamation and AVF hydrologic restoration requirements would not be applicable for <br />