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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 ". PR -4 was approved in 2009. SCC subsequently sold the loadout <br />property to Halliburton that currently uses the loadout and portions of the railroad spur and overland <br />conveyor as an industrial site. The site within the railroad loop was graded to a relatively flat surface <br />to be used in the operation. The rail loop was 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 were removed. Remaining coal <br />on and around the coal stockpile and other areas was hauled to the refuse disposal area. During the <br />process of grading, light use roads 3 and 5 and portions of light use road 4 and haul road 3 was <br />eliminated. SCC also fully reclaimed the sediment ponds UTL 1 and 2. To remove the ponds SCC <br />made 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 I 9/10 Road, were converted from "Fish and Wildlife <br />Habitat" to "Industrial or Commercial ". The land use change allowed for long term postmine use of <br />the loadout area and various associated facilities for rail loading, unloading, and storage of <br />construction materials. Halliburton currently uses the loadout and a portion of the railroad spur and <br />overland conveyor as an industrial site. SCC entered into an agreement with Halliburton to allow <br />them to begin using the loadout facility for unloading freight cars, storage and shipping of construction <br />materials during the first quarter of 2006. In January 2006 the Division approved TR -48 to <br />incorporate into the permit application package the necessary approvals for the unloading, storage, or <br />loading directly onto trucks specified materials within the unit train loadout and along Haul Road #3. <br />Halliburton continues to use the loadout facility for these purposes. <br />Prior to the sale of the loadout facility to Halliburton, Snowcap Coal Company was the legal owner of <br />the surface for all lands within the Unit Train Loadout and portions of the Railroad Spur and Overland <br />Conveyor, for which the proposed postmine land use change was requested. In accordance with <br />2.05.5(2)(b), a Surface Landowner Consent was signed on May 9, 2007 by Nelson L. Kidder Vice - <br />President of Snowcap Coal Company and was submitted for inclusion into the permit application <br />package. SCC contacted the Mesa County Department of Planning and Economic Development to <br />obtain their comments on the plan proposed with PR -4. Mesa County Department of Planning and <br />Economic Development which is the local government agency that would have to approve the use of <br />the land following reclamation. Subsequently, Halliburton submitted an application for a Mesa <br />County Conditional Use Permit. In December 2008, Mesa County approved a Conditional Use Permit <br />Permit Revision No. 5 46 July 10, 2012 <br />