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agencies of the revision application and received one comment letter from the Colorado Division of <br />Wildlife stating that they have no objection to the proposal and that they believe impacts to wildlife <br />would be negligible. In accordance with 2.05.5(2)(b) SCC notified the legal landowners, and local <br />government agencies which would have to approve the use of the land following reclamation. No <br />written comments or objections were received from any of the legal or equitable landowners. On <br />October 2, 2008 the Division received from SCC a copy of Mesa County Department of Planning and <br />Economic Development's letter to SCC (dated September 24, 2008) stating that Mesa County had no <br />objections to the requests submitted in TR-57. <br />On July 9, 2007 the Division received the Permit Revision No. 4 application from SCC. With PR-4 <br />SCC requested that all disturbed lands located at the Unit Train Loadout, Railroad Spur, and portions <br />of the Overland Conveyor be changed from a postmining land use of "Fish and Wildlife Habitat" to <br />"Industrial or Commercial". SCC currently has a purchase and sale agreement with a company <br />(Halliburton) that will use the loadout and portions of the railroad spur and overland conveyor as an <br />industrial site. The site within the railroad loop would be graded to a relatively flat surface to be used <br />in the operation. The rail loop would be left in place since it would be the key feature for the <br />industrial use of the area. All other structures except the truck scale would be removed. Remaining <br />coal on and around the coal stockpile and other areas would be hauled to the refuse disposal area. <br />During the process of grading, light use roads 3 and 5 and portions of light use road 4 and haul road 3 <br />would be eliminated. SCC also proposes to fully reclaim the existing sediment ponds UTL 1 and 2. <br />To remove the ponds SCC will need to make the appropriate demonstration required by 4.05.2(2). <br />SCC found a good photo of the irrigated lands at the loadout before any of it was disturbed by mining. <br />The 1976 photo was scanned and inserted into ACAD to determine the extent of the irrigated land to <br />address alluvial valley floor considerations (see Figures 33-1 and 33-2 of the permit application <br />package). A total of 26.1 acres were being farmed in 1976. The water right at the loadout is limited to <br />the irrigation of 14 acres. SCC determined that 13.9 acres of the irrigable land were inside the loop <br />and 12.2 acres were outside the rail loop. SCC concluded it would be possible to restore the capability <br />of flood irrigation to the land outside the loop. The original reclamation plan was to restore the <br />capability to flood irrigate the land. Upon approval of the land use change under PR-4, the <br />reclamation plan would be similar. SCC would be able to flood irrigate 87% of the acreage for which <br />irrigation water is available. <br />Under the plan as amended by Permit Revision No. 4, the majority of the disturbed lands in the permit <br />area will be reclaimed to support a "Fish and Wildlife Habitat" postmining land use (see Exhibit 63). <br />With approval of the revision application (PR-4), the Unit Train Loadout and portion of the railroad <br />spur and overland conveyor corridor, north of 19/10 Road, will be converted from "Fish and Wildlife <br />Habitat" to "Industrial or Commercial". The land use change would allow for long term postmine use <br />of the loadout area and various associated facilities for rail loading, unloading, and storage of <br />construction materials. The Operator has a purchase and sale agreement with Halliburton that will use <br />the loadout and a portion of the railroad spur and overland conveyor as an industrial site. Closing on <br />the purchase and sale agreement is subject to obtaining approval of PR-4 for the postmine land use <br />change. SCC entered into an agreement with Halliburton to allow them to begin using the loadout <br />facility for unloading freight cars, storage and shipping of construction materials during the first <br />quarter of 2006. In January 2006 the Division approved TR-48 to incorporate into the permit <br />application package the necessary approvals for the unloading, storage, or loading directly onto trucks <br />specified materials within the unit train loadout and along Haul Road #3. Halliburton is actively using <br />the loadout facility for these purposes. <br />Permit Revision No. 4 44 February 3, 2009