2013-02-01_REVISION - C1981041 (8)

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Halliburton that currently uses the loadout and portions of the railroad spur and overland conveyor as an industrial site. The site within the railroad loop was graded to a relatively flat surface to be used in the operation. The rail loop was left in place since it would be the key feature for the industrial use of the area. All other structures except the truck scale were removed. Remaining coal on and around the coal stockpile and other areas was hauled to the refuse disposal area. During the process of grading, light use roads 3 and 5 and portions of light use road 4 and haul road 3 was eliminated. SCC also fully reclaimed the sediment ponds UTL 1 and 2. To remove the ponds SCC made the appropriate demonstration required by 4.05.2(2). SCC found a good photo of the irrigated lands at the loadout before any of it was disturbed by mining. The 1976 photo was scanned and inserted into ACAD to determine the extent of the irrigated land to address alluvial valley floor considerations (see Figures 33 -1 and 33 -2 of the permit application package). A total of 26.1 acres were being farmed in 1976. The water right at the loadout is limited to the irrigation of 14 acres. SCC determined that 13.9 acres of the irrigable land were inside the loop and 12.2 acres were outside the rail loop. SCC concluded it would be possible to restore the capability of flood irrigation to the land outside the loop. The original reclamation plan was to restore the capability to flood irrigate the land. Upon approval of the land use change under PR -4, the reclamation plan would be similar. SCC would be able to flood irrigate 87% of the acreage for which irrigation water is available. Under the plan as amended by Permit Revision No. 4, the majority of the disturbed lands in the permit area will be reclaimed to support a "Fish and Wildlife Habitat" postmining land use (see Exhibit 63). With approval of the revision application (PR -4), the Unit Train Loadout and portion of the railroad spur and overland conveyor corridor, north of 19/10 Road, were converted from "Fish and Wildlife Habitat" to "Industrial or Commercial ". The land use change allowed for long term postmine use of the loadout area and various associated facilities for rail loading, unloading, and storage of construction materials. Halliburton currently uses the loadout and a portion of the railroad spur and overland conveyor as an industrial site. SCC entered into an agreement with Halliburton to allow them to begin using the loadout facility for unloading freight cars, storage and shipping of construction materials during the first quarter of 2006. In January 2006 the Division approved TR -48 to incorporate into the permit application package the necessary approvals for the unloading, storage, or loading directly onto trucks specified materials within the unit train loadout and along Haul Road 43. Halliburton continues to use the loadout facility for these purposes. Prior to the sale of the loadout facility to Halliburton, Snowcap Coal Company was the legal owner of the surface for all lands within the Unit Train Loadout and portions of the Railroad Spur and Overland Conveyor, for which the proposed postmine land use change was requested. In accordance with 2.05.5(2)(b), a Surface Landowner Consent was signed on May 9, 2007 by Nelson L. Kidder Vice - President of Snowcap Coal Company and was submitted for inclusion into the permit application package. SCC contacted the Mesa County Department of Planning and Economic Development to obtain their comments on the plan proposed with PR -4. Mesa County Department of Planning and Economic Development which is the local government agency that would have to approve the use of the land following reclamation. Subsequently, Halliburton submitted an application for a Mesa County Conditional Use Permit. In December 2008, Mesa County approved a Conditional Use Permit for the Halliburton — Cameo Sand Storage Facility. Please see Section B.X of the Proposed Decision and Findings of Compliance for PR -4 dated February 3, 2009 for specific details and findings applicable to approval of the alternative postmining land use at the 46