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Permitting Actions Processed Since August 2005 Mid-term Permit Review <br />Permit Revisions <br />PR-3 proposed decision was issued July 30, 2007. The revision allowed for a change in postmining land use <br />from "Fish and Wildlife Habitat" to "Industrial or Commercial" for portions of the South Portal mine area, and <br />included a variance from approximate original contour restoration requirements for steep slope mining, to <br />support the alternative postmining land use in the South Portal area. Significant changes to the reclamation <br />plan included retention of certain facilities and portions of the mine bench to accommodate the needs of a <br />commercial agricultural produce operation, including fruit storage and packing, retail sales, parking, equipment <br />and supply storage, and maintenance facilities. Please refer to the Division's July 30, 2007 Findings of <br />Compliance document for PR-3, for further details. <br />PR-4 application was submitted July 6, 2007, and was determined administratively complete on July 16, 2007. <br />The application proposes a postmining land use change from "Fish and Wildlife Habitat" to "Industrial or <br />Commercial" for the Unit Train Loadout area. The land use change would allow for long term postmine use of <br />the loadout area and various associated facilities for rail loading, unloading, and storage of construction <br />materials. The revision application is still under review as of the date of issuance of the RN-5 proposed <br />decision. <br />Technical Revisions <br />TR-45 proposed approval decision was issued October 11, 2005. The revision allowed for reclamation <br />schedule extension to allow operator time to finalize a pending property sale, and prepare a postmine land use <br />change revision application. <br />TR-46 proposed approval decision was issued December 13, 2005. The revision provided permit updates <br />requested by the Division based on the mid-term permit review. Changes included revised reclamation <br />schedule for the unit train loadout, revised species diversity success standard, updated ownership and control <br />and surface/coal ownership information, and updated Subsidence Surface Structures Map. Based on cost <br />estimate review performed by the Division during the mid-term review, the reclamation liability increased from <br />$1,803,487.00 to $2,049,361.00. A bond rider increasing the surety held by the Division to $2,049,361.00 was <br />submitted in association with TR-46. <br />TR-47 proposed approval decision was issued November 29, 2005. The revision allowed for modification of <br />Sediment Pond 1 l (emergency spillway elimination). Note that an earlier version of TR-47 Pond 11 design <br />modification had been submitted on October 17, 2005, but was retracted by letter dated October 25, 2005. <br />TR-48 proposed approval decision was issued January 5, 2006. The revision allowed for use of the unit train <br />loadout by a trucking company to receive freight by rail, and allowed for installation of a new rail switch, and <br />limited site grading to accommodate the use. Cargo including bulk sand, cement and bentonite would be <br />offloaded directly from rail cars to trucks. Additional cargo (bagged bentonite and pipe) would be temporarily <br />stored in designated locations within the sediment controlled area of the loadout. <br />TR-49 was formally withdrawn by the operator by letter dated February 15, 2006. <br />Permit Renewal No. 5 5 November 16, 2007