2007-11-16_GENERAL DOCUMENTS - C1981041 (3)

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X. Alternative Land Uses Premining land use in the permit area was a combination of "Fish and Wildlife Habitat" and "Industrial or Commercial". Much of the land in the Cameo area of Debeque Canyon, including the South Portals area on the east side of the Colorado River, and along the conveyor route to and including the Unit Train Loadout on the west side of the River, was originally identified as "Industrial or Commercial". This classification was based on the long history of mining activity in the area, and the close proximity of the mine disturbed areas to developed commercial/industrial features including the Cameo Power Plant facilities, Interstate 70, and the Union Pacific Railroad. Lands that were undeveloped at the time of initial mine permitting, including portions of the South Portal area and all the disturbed areas in Coal Canyon, were classified as "Fish and Wildlife Habitat" Premining land use. See Exhibit 62 (Premising Land Use). Prior to PR-3, the approved postmining land use for all disturbed lands in the permit area was "Fish and Wildlife Habitat". In PR-3, the Division approved a proposal to change the postmining land use for a portion of the South Portals disturbed area from "Fish and Wildlife Habitat" to "Industrial or Commercial", therefore the requirements of Rule 4.16,3, for Alternative Land Uses, are applicable. Postmining land use areas as amended by PR-3 are delineated on Exhibit 6C (South Portal Area only) and Exhibit 63 (all primary facility areas). Under the plan as amended by PR-3, most of the disturbed lands in the permit area will be reclaimed to support a "Fish and Wildlife Habitat" postmining land use. However, delineated portions of the South Portals area and top of the Roadside Refuse Disposal Area will be converted to commercial use for a fruit storage, packing and retail sales location. The subject areas have been leased by Providence Place Inc. (PPI), a local agricultural business, since 2005, and the areas have been used by PPI for commercial purposes since commencement of the lease. PPI obtained a "Minor Site Plan" application approval from the Mesa County Department of Planning and Economic Development in June 2006, to allow for certain upgrades to existing facilities on the site (see Appendix 15-1 of the permit application package). PPI has used the warehouse and shop on the mine bench for equipment and material storage, and has used the wood frame lab building, metal cafeteria building, and concrete block lab building on the lower mine level for a sales office/seasonal fruit stand, refrigeration unit and packing area, and material storage, respectively. Additional locations within the commercial use area, including the top of the Roadside Refuse Disposal Area, are proposed for future use as parking areas and roads, and for equipment and material storage. Specific uses proposed for various buildings and locations within the alternative land use area are identified on Exhibit 6C. "Active Use Areas" within the alternative land use boundaries are depicted on Exhibit 6C-A. "Active Use Areas" will be directly impacted by the commercial land use, and include buildings, roads, parking areas and storage areas. Facilities other than buildings will be surfaced with pavement, concrete, or gravel, and will not be subject to seeding. Non-Active Use areas within the alternative land use boundaries include incidental areas associated with or immediately adjacent to the Active Use Areas, including the reclaimed Access Road 1 slope, fill embankment for Access Road 1 A, backfilled highwall slope, steep rock cut slopes in the mine bench area, and various small miscellaneous areas. These areas will be subject to seeding (with the exception of steep rock cut slopes), but will be subject to the revegetation success criteria and bond release time frame of 4.15.10(2), rather than the more stringent criteria and time frames of 4.15.8, which apply to Wildlife Habitat postmine land use areas. Permit Renewal No. 5 48 November 16, 2007