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requirements of Rules 4.15.8(5) and 4.15.8(6). <br />X. Alternative Land Uses <br />Premining land use in the permit area was a combination of "Fish and Wildlife Habitat" and <br />"Industrial or Commercial ". Much of the land in the Cameo area of Debeque Canyon, including the <br />South Portals area on the east side of the Colorado River, and along the conveyor route to and <br />including the Unit Train Loadout on the west side of the River, was originally identified as "Industrial <br />or Commercial ". This classification was based on the long history of mining activity in the area, and <br />the close proximity of the mine disturbed areas to developed commercial/industrial features including <br />the Cameo Power Plant facilities, Interstate 70, and the Union Pacific Railroad. Lands that were <br />undeveloped at the time of initial mine permitting, including portions of the South Portal area and all <br />the disturbed areas in Coal Canyon, were classified as "Fish and Wildlife Habitat" Premining land use. <br />See Exhibit 62 ( Premining Land Use). <br />Prior to PR -3, the approved postmining land use for all disturbed lands in the permit area was "Fish <br />and Wildlife Habitat ". In PR -3, the Division approved a proposal to change the postmining land use <br />for a portion of the South Portals disturbed area from "Fish and Wildlife Habitat" to "Industrial or <br />Commercial ", therefore the requirements of Rule 4.16,3, for Alternative Land Uses, are applicable. <br />Postmining land use areas as amended by PR -3 are delineated on Exhibit 6C (South Portal Area only) <br />and Exhibit 63 (all primary facility areas). Delineated portions of the South Portals area and top of the <br />Roadside Refuse Disposal Area were converted to commercial use for a fruit storage, packing and <br />retail sales location. The subject areas have been leased by Providence Place Inc. (PPI), a local <br />agricultural business, since 2005, and the areas have been used by PPI for commercial purposes since <br />commencement of the lease. Please see Section B.X of the Proposed Decision and Findings of <br />Compliance for PR -3 dated July 30, 2007 for specific details and findings applicable to approval of <br />the alternative postmining land use at the South Portals area. <br />In October 2008 the Division issued a proposed decision to approve Technical Revision No. 57 (TR- <br />57) to allow SCC to change the postmining land use at the Overland Conveyor, south of I 9/10 Road, <br />from fish and wildlife to industrial. This area is a narrow strip of land less than 5 acres located <br />adjacent to Union Pacific Railroad (UPRR). All structures and associated facilities of the overland <br />conveyor have been removed and final grading and revegetation was completed in 2004. Following <br />completion of the reclamation, the Union Pacific Railroad's employees and contractors have continued <br />to use this site for access to the rail for maintenance and to store materials and equipment. Since SCC <br />had little control as to how the UPRR had been using the land, and taking into consideration that this <br />area was classified as industrial prior to mining, the Division found that in accordance with Rule <br />2.05.5(2)(d) the postmining land use of industrial was appropriate. The Division notified appropriate <br />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 />Permit Revision No. 5 45 July 10, 2012 <br />