2007-07-30_GENERAL DOCUMENTS - C1981041

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an ephemeral tributary of the Colorado River in Debeque Canyon. The canyon sideslopes immediately above and adjacent to the existing portals and mine bench (as well as the pre-disturbance slopes in the canyon) do exceed 20 degrees, and the proposed reclaimed slopes will also exceed 20 degrees, in various locations. Within PR-3, SCC has requested, and the Division proposes to approve, a variance from the approximate original contour restoration requirements for steep slope mining, pursuant to Rules 2.06.5 and 4.27.4. Approval of the variance will allow SCC to retain the flat mine bench, the existing shop and warehouse, an access road and parking areas for the proposed commercial postmining land use. AOC Variance Findings Required by Rule 2.06.5(2) (a) Based on information included in the PR-3 application, the applicant has demonstrated that the purpose ofthe variance is to make the lands to be affected within the permit area suitable for an industrial, commercial, agricultural, residential, or public postmining land use. SCC has demonstrated that the purpose of the variance is to allow for retention of facilities (shop, warehouse, access road and pazking areas) that will support commercial use ofthe property by a local agricultural business. The shop and warehouse will be used for storage and maintenance of supplies and equipment; a retail fruit stand and produce packing/coolingshwi will be located in the lower facilities azea, northwest of the mine bench. (b) The proposed use, after consultation with the appropriate land-use planning agencies, if any, constitutes an equal or better economic or public use. The Mesa County Planning Department and the Colorado Division of Wildlife were both contacted regarding the proposed land use change, and neither agency submitted comments or concerns to the Division. The site is located within an area of Debeque Canyon that has Tong been dominated by developed use, including Interstate Highway 70 and the Union Pacific Railroad, historic mine operations, and the Cameo Power Plant. The South Portals area is zoned "Agricultural Forestry Transitional" by Mesa County, and the zoning allows for the type of use proposed. The level of development through the canyon con•idor in this azea limits the value of the land for wildlife habitat. The location of the South Portal area, which is immediately adjacent to the interstate at the Cameo Exit, and within close proximity to orchard lands in the Rapid Creek watershed and the greater Palisade area, (widely known for its peaches and other agricultural produce) would seem to make the site well suited for storage and shipping of produce, and seasonal fruit sales to tourists. For these reasons, the Division finds that the proposed commercial use does constitute an equal or better economic or public use. (c) The applicant has demonstrated compliance with the requirements for acceptable alternative postmining land uses of4.16. Please see pertinent findings under Section B.X, ofthis document. (d) Based upon a detailed, model based watershed analysis presented as Appendix 14-9, the applicant has demonstrated that the watershed of lands within the proposed permit area and adjacent areas will be improved by the operations. SCC demonstrated that the variance would result in a slight reduction in the amount of total suspended solids discharged from the site, compared to [he approved "AOC restoration plan" (pursuant to 2.06.5(2)(d)(i)), and that the variance would result in an insignificant quantity of additional surface runoff, compared to the approved "AOC restoration plan", that would have no adverse effect on the ecology of any surface water or any existing or planned use of surface or ground water (pursuant to 2.06.5(2)(d)(ii)). The Division's approval of the plan will meet the requirement of 2.06.5(2)(d)(iii), demonstrating that appropriate State environmental agencies approve the plan. Permi[ Revision No. 3 July 30, 2007 Permit No. C-1981-041 Page 41