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Mike Boulay -6- March 3, 2008 <br />required special use permits, zoning changes, site plan modifications or other <br />applicable agency approvals have been obtained and will remain valid throughout <br />the surface coal mining operations, pursuant to Rule 4.16.3(1). <br />SCC: Narrative is included in new permit page 15-2 to discuss how the postmining land <br />use is compatible with adjacent land use. Halliburton is in the process of submitting an <br />application for a conditional use permit to the Mesa County Department of Planning and <br />Economic Development (MCDPED). Upon approval of this application Snowcap will <br />submit a minor revision incorporating the plans and approval into the permit. Enclosed, <br />as new Appendix 15-2, is an approved Minor Site Plan from the MCDPED and the <br />Construction (Air) Permits from the Colorado Department of Public Health & <br />Environment for the current sand offloading which has been implemented. <br />11. DRMS: Please provide a schedule in accordance with the requirements of <br />4.16.3(2). In addition, please provide sufficient information regarding the <br />proposed industrial/commercial enterprise and the owner/operator of the <br />enterprise, to demonstrate that use of the facilities by the commercial operator is <br />feasible and sustainable on a long term basis. Please include a copy of the <br />lease/contract to purchase document referenced in the narrative, as an addendum <br />or attachment to the permit application. <br />SCC: Enclosed is new Figure 14-15 providing a schedule for implementation of the land <br />use change and new appendix pages A15-2-17 through A15-2-19 acknowledging <br />Snowcap and Halliburton's purchase and sale agreement. Also enclosed is new permit <br />page 15-2 with narrative regarding the feasibility and sustainability of this operation on a <br />long term basis. <br />12. DRMS: Please address the regulatory provisions and/or operational <br />procedures and safeguards associated with the proposed alternative use that will <br />ensure protection of public health and safety, and protection of water quality and <br />quantity in conformance with applicable state or federal requirements, pursuant to <br />Rule 4.16.3(3). <br />SCC: New permit page 15-2 includes a discussion to address Rule 4.16.3(3). <br />13. DRMS: Rule 3.02.3(2)(c) requires that, for an industrial or commercial land use, the <br />bond liability period shall continue until the permittee demonstrates that development of <br />the alternative land use has substantially commenced and is likely to be achieved. <br />Please address within an appropriate section of the revision application, proposed <br />criteria for demonstrating that the alternative land use "has substantially <br />commenced and is likely to be achieved". <br />SCC: Enclosed is new permit page 15-2 with specified narrative. <br />14. DRMS: Contemporaneous reclamation will need to be achieved in accordance with <br />Rule 4.13. An acceptable schedule and specific timeframes for reclamation activities to <br />be conducted in association with the alternative land use was properly provided on <br />amended pages 5 and 10 of Figure 14-1. The alternative land use will need to be <br />implemented (substantially commenced throughout the alternative land use area) within <br />2 years of approval of the permit revision, or within 2 years after regrading is completed,