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A proposed approval decision for SL-4 was issued December 5, 2008. The final decision was issued January <br />27, 2009. The application is a Request for Release from Phase I Liability on 18 reclaimed acres at the <br />Roadside North and South Portals. The specific locations for the Phase I Bond Release are at the Overland <br />tube/bridge structure, Roadside South Portals, A Substation, and Light Use Road #1. Please refer to the <br />Division's Findings of Compliance document for SL-4, dated December 5, 2008 for further details. <br />Permit Revision No. 4 Review Process <br />Snowcap Coal Company submitted an application for Permit Revision No. 4 on July 9, 2007. The application <br />proposes a postmining land use change from "Fish and Wildlife Habitat" to "Industrial or Commercial" for the <br />Unit Train Loadout area. The land use change would allow for long term postmine use of the loadout area and <br />various associated facilities for rail loading, unloading, and storage of construction materials. <br />The permit revision application was deemed complete for the purposes of filing on July 16, 2007, and <br />notification of the complete application was sent to required entities per Rule 2.07.3(3)(b) on the same day. <br />The Colorado Historical Society was the only agency that responded to the notification. In a letter to the <br />Division dated July 31, 2007, the Colorado Historical Society found that since the permit revision will not <br />incorporate new lands into the permit area and will not involve any new ground disturbance, there would be <br />no effect on cultural resources. <br />Snowcap Coal Company published public notice of its permit revision application in the Grand Junction Daily <br />Sentinel once a week for four consecutive weeks, beginning July 26, 2007. Copies of the application were <br />filed with the Mesa County Clerk and Recorder's Office, and at the Denver and Grand Junction offices of the <br />Division. There were no comments regarding this permit revision application received by the Division as a <br />result of the public notice. <br />The Division's preliminary adequacy review letter was sent to SCC on September 25, 2007. A second <br />Division adequacy letter was sent to SCC on September 27, 2007 which addressed the proposed modifications <br />to Ponds 1&2 at the Unit Train Loadout and the retention of these ponds as permanent features. SCC <br />responded to both of these adequacy review letters with their response submittal dated March 3, 2008. In this <br />response SCC chose to withdraw the request for retaining the ponds as permanent features. SCC updated <br />Exhibit I OC to show that the ponds will be backfilled and reclaimed. This is the only change noted from the <br />initial PR-4 application submittal. The Division sent one additional adequacy letter to SCC dated May 13, <br />2008. SCC responded with a December 18, 2008 submittal package, in which SCC fully addressed all <br />remaining adequacy concerns. <br />The reclamation cost estimate was not reevaluated for PR-4 because there was no bond increase with this <br />revision application for a postmine land use change. The Division's most recent cost estimate was performed <br />in conjunction with the Permit Renewal No. 5 review. The Division currently holds a surety bond in the <br />amount of $1,646,03 8.00, which is the calculated liability amount. The Division retains the bond calculated to <br />be necessary for implementation of the original reclamation plan (wildlife habitat postmining land), so that the <br />original plan could be completed, if the alternative postmining land use (industrial/commercial) is not <br />implemented. <br />The Applicant Violator System (AVS) wag queried on August 23, 2007 and again on February 3, 2009. The <br />Division recommends approval for the permit revision. The proposed decision to approve the revision was <br />issued on February 3, 2009. <br />Permit Revision No. 4 5 February 3, 2009