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Prior to PR-3, the approved postmining land use for all disturbed lands in the permit azea was "Fish
<br />and Wildlife Habitat". The PR-3 application, which the Division proposes to approve, includes a
<br />proposal to change the postmining land use for a portion of the South Portals disturbed area from
<br />"Fish and Wildlife Habitat" to "Industrial or Commercial", therefore the requirements of Rule 4.16,3,
<br />for Attemative Land Uses, are applicable. Postmining land use areas as amended by PR-3 are
<br />delineated on Exhibit 6C (South Portal Area only) and Exhibit 63 (all primary facility areas).
<br />Under the plan as amended by PR-3, most of the disturbed lands in the permit area will be reclaimed
<br />to support a "Fish and Wildlife Habitat" postmining land use. However, delineated portions of the
<br />South Portals area and top of the Roadside Refuse Disposal Area will be converted to commercial use
<br />for a fruit storage, packing and retail sales location. The subject areas have been leased by Providence
<br />Place Inc. (PPI), a local agricultural business, since 2005, and the azeas have been used by PP[ for
<br />commercial purposes since commencement of the lease. PPI obtained a "Minor Site Plan" application
<br />approval from the Mesa County Department of Planning and Economic Development in June 2006, to
<br />allow for certain upgrades to existing facilities on the site (see Appendix 15-1 ofthe permit application
<br />package). PP[ has used the warehouse and shop on the mine bench for equipment and material
<br />storage, and has used the wood frame lab building, metal cafeteria building, and concrete block lab
<br />building on the lower mine level for a sales office/seasonal fruit stand, refrigeration unit and packing
<br />area, and material storage, respectively. Additional locations within the commercial use area,
<br />including the top of the Roadside Refuse Disposal Area, aze proposed for future use as parking areas
<br />and roads, and for equipment and material storage. Specific uses proposed for various buildings and
<br />locations within the alternative land use area aze identified on Exhibit 6C. "Active Use Areas" within
<br />the alternative land use boundaries are depicted on Exhibit 6C-A. "Active Use Areas" will be directly
<br />impacted by the commercial land use, and include buildings, roads, parking areas and storage areas.
<br />Facilities other than buildings will be surfaced with pavement, concrete, or gravel, and will not be
<br />subject to seeding. Non-Active Use areas within the altemative land use boundaries include incidental
<br />areas associated with or immediately adjacent to the Active Use Areas, including the reclaimed Access
<br />Road 1 slope, fill embankment for Access Road 1 A, backfilled highwall slope, steep rock cut slopes in
<br />the mine bench area, and various small miscellaneous areas. These areas will be subject to seeding
<br />(with the exception of steep rock cut slopes), but will be subject to the revegetation success criteria
<br />and bond release time frame of 4.15.10(2), rather than the more stringent criteria and time frames of
<br />4.15.8, which apply to Wildlife Habitat postmine land use areas.
<br />Specific findings required by Rule 4.16.3, for approval of the alternative postmining land use are
<br />addressed below.
<br />Pursuant to Rule 4.16.3(1), the Division finds that the proposed commercial postmining land use
<br />within portions of the South Portals disturbed area is compatible with adjacent land uses, and with
<br />existing local, State, or Federal land use policies and plans. Various government agencies, including
<br />the Bureau of Land Management (which manages federal lands in the permit area vicinity) and the
<br />Mesa County Department of Planning and Economic Development (the local agency with land use
<br />planning authority) were provided notice ofthe application, and no objections to the proposed land use
<br />change were received. The notice provided to the Mesa County Department of Planning and
<br />Economic Development (Mesa County) specifically requested that notification be provided to the
<br />Division if the proposed use is not compatible with applicable Mesa County policies or plans, or if
<br />there were any necessary zoning or other changes that would be required for implementation of the
<br />altemative land use. The South Portal area is zoned as "Agricultural Forestry Transitional (AFT)" by
<br />Mesa County, and the proposed commercial use is consistent with the AFT zoning. In June 2006,
<br />Mesa County approved a minor site plan application to allow for certain upgrades to existing
<br />structures, under the AFT zoning. The Minor Site plan application and approval letters are included in
<br />Permit Revision No. 3 Permit No. C-1981-041
<br />July 30, 2007 Page 47
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