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• LAND USE CHANGE <br />The land use at the unit train loadout, railroad spur and overland conveyor will be <br />changed from wildlife habitat to industrial commercial. Rule 4.24.2(2) requires <br />that surface coal mining and reclamation operations be conducted to reestablish, <br />throughout the mining and reclamation process, the essential hydrologic <br />functions of alluvial valley floors within a permit area. These functions shall be <br />reestablished by reconstructing those geologic, hydrologic and biologic <br />characteristics that support those functions. <br />The irrigated property was sold to a prior operator by Deed dated July 21, 1976. <br />The flood irrigation system was discontinued shortly thereafter and no flood <br />irrigation has occurred since that time. The quantity of water available from the <br />Highline canal for flood irrigation is 4 A-F per acre and is limited to 14 acres. <br />• A positive determination has been made with regard to subirrigation. A positive <br />determination has also been made with regard to flood irrigation with water <br />supplied from the Highline Canal. <br />The original post mining land use for the UTL area was wildlife habitat. The <br />reclamation plan was to restore the capability of flood irrigation but not <br />necessarily implement flood irrigation. subirrigation is regulated by the flow of <br />the Colorado River and is not affected by the reclamation plan. <br />The land use change at the unit train loadout will affect the Operators ability to <br />fully comply with Rule 4.24.2(2). Since subirrigation is regulated by the flow in <br />the Colorado River, no actions are necessary to reestablish subirrigation. The <br />land use change will preclude the Operator's from restoring the capability of flood <br />irrigation inside the UTL loop. <br />• PR-04 21-6 01/09 <br />