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Specified existing buildings on the mine bench and lower parking area would be retained for the altemative <br />use, and a new road would be constructed on SCC property to access the mine bench. The sealed mine portals <br />would be backfilled to eliminate the existing highwall, but a significant area of the mine bench and associated <br />cut slopes would be left in place to allow for postmine use of shop and warehc~>use buildings and associated <br />parking and storage areas. <br />[n order to allow for retention of a portion of the mine bench and cut slopes toi accommodate the alternative <br />use, the application includes a request for a Steep Slope Variance from Approximate Original Contour(AOC} <br />requirements of the regulations, under the provisions of Rules 2.06.5 and 4.2'1.4. The revision application <br />includes modified permanent drainage designs to conform with the proposed amended topography, and also <br />includes plans for reducing the size of existing Sediment Pond No. 8, to reflect Yl~e fact that reclaimed slopes of <br />the Roadside Refuse Disposal Area have been stabilized and thus shed lessi'''sediment than prior designs <br />assumed. Construction of the new access road to the mine bench and reclamation of the existing access road <br />will cover the visible coal material exposed along the outslope of the existing road. <br />The PR-3 application was deemed complete on August 14, 2006, and notices were provided to various local, <br />state, and federal agencies on that date. Public notice ofthe application was published in the Grand Junction <br />Daily Sentinel once a week for four consecutive weeks, beginning August 26, 2006. Copies ofthe application <br />were filed with the Mesa County Clerk and Recorder's Office, and at the Denverand Grand Junction offices of <br />the Division. A written comment letter was received during the review period from the State Historic <br />Preservation Officer (SHPO). The SHPO letter dated August 22, 2006 contained no objections to the <br />application, and noted that SHPO did not believe the revision would have any effect on cultural resources; a <br />standard clause regarding the need to contact SHPO ifarchaeological resources are discovered during project <br />activities was included. ,The comment letter was forwarded to the operator. An updated Biological <br />Assessment of the impacts of the proposed operation on threatened and endahgered species of plants and <br />animals was performed during the course of the review by the Office of Surface Mining Reclamation and <br />Enforcement (OSM); U.S. Fish and Wildlife Service (USFWS) issued a Biological Opinion allowing the <br />operation to proceed, following formal consultation requested by OSM as a part aftheir biological assessment. <br />The Division's adequacy review was conducted with the following sequence} of adequacy review letters, <br />agency correspondence, ahd response submittals from SCC. <br />August 15, 2006-Notices of availability for review and request for comments provided to Mesa County <br />Planning Department, Bureau of Land Management (BLM), Office of Surface Mining (OSM), Colorado <br />Division of Wildlife (CDOW), Colorado Dept. of Health & Environment/Water Quality Control Division, <br />Colorado Dept. of Health' & EnvironmenUAir Pollution Control Division„ Mesa County Commissioners, <br />Colorado Historical Society/State Historic Preservation Office (SHPO), and U.S. Fish and Wildlife Service <br />(USFWS). <br />August 22, 2006-The Division sent a letter to SCC requesting the operator to prepare an estimate of mining <br />and reclamation related water depletions to the Colorado River, associated with the Roadside Portals operation. <br />This request was forwarded based on phone contact with OSM, in which O`.iM noted that the depletion <br />projection information would be necessary in order for OSM to initiate the requited formal consultation with <br />USFWS, in regazd to effects of the operation on the endangered fish species of the upper Colorado River. <br />August 28, 2006-The Division received a letter dated August 22, 2006 from~the SHPO, which included <br />SHPO's opinion that the proposed revision would have no effect on cultural resources. <br />September S, 2006-The Division completed initial AVS check; no violations linked to Snowcap Coal <br />Company. <br />;~ <br />Permit Revision No. 3 Permit No. C-1981-041 <br />July 30, 2007 <br />Page 6 <br />