2009-02-03_GENERAL DOCUMENTS - C1981041

Home Browse Search

- Total perennial forbs and suffrutescent species > 0.5% relative cover, - No reclaimed area shall have a single species that represents greater than 70% relative cover, with the exception of annual grasses. The annual grass component shall not exceed 70% relative cover unless the annual grass component in the corresponding reference area also exceeds 70%. In such cases, the relative cover of the annual grass component of the reclaimed area shall not exceed the relative cover of the annual grass component in the reference area by more than 5%. The Division fmds that the proposed standard will satisfy the species diversity and seasonal variety requirements of Rules 4.15.8(5) and 4.15.8(6). 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 (Premining 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). Delineated portions of the South Portals area and top of the Roadside Refuse Disposal Area were 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. Please see Section B.X of the Proposed Decision and Findings of Compliance for PR-3 dated July 30, 2007 for specific details and findings applicable to approval of the alternative postmining land use at the South Portals area. In October 2008 the Division issued a proposed decision to approve Technical Revision No. 57 JR- 57) to allow SCC to change the postmining land use at the Overland Conveyor, south of 19/10 Road, from fish and wildlife to industrial. This area is a narrow strip of land less than 5 acres located adjacent to Union Pacific Railroad (UPRR). All structures and associated facilities of the overland conveyor have been removed and final grading and revegetation was completed in 2004. Following completion of the reclamation, the Union Pacific Railroad's employees and contractors have continued to use this site for access to the rail for maintenance and to store materials and equipment. Since SCC had little control as to how the UPRR had been using the land, and taking into consideration that this area was classified as industrial prior to mining, the Division found that in accordance with Rule 2.05.5(2)(d) the postmining land use of industrial was appropriate. The Division notified appropriate Permit Revision No. 4 43 February 3, 2009