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<br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303)832-8106 <br />June 20, 2003 <br />Tonya Hammond <br />J.E. Stover & Associates <br />2768 Compass Drive, Suite 101 <br />Grand Junction, CO 81506 <br />RE: Snowcap Coal Company, Inc. Roadside Mine <br />Permit No. C-1981-041 <br />Post-mining Land Use Change Issues <br />Dear Ms. Hammond: <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MI NING•SAFETY <br />Bill Owens <br />Governor <br />Greg E. Walther <br />Executive Director <br />Ronald W. Cottony <br />Acting Division Director <br />I have given some additional thought to the issues we discussed at the meeting yesterday <br />with Jim Stover and Rudy Fontanari. Mr. Fontanari is interested in purchasing certain <br />parcels within the mine permit area south and east of I-70, including portions of the <br />disturbed area in the vicinity of the South Portal area mine bench, lower facilities area and <br />the RSRDA refuse area. As I understand it, his interest in these particular parcels is <br />predicated upon a revision of the approved post-mining land use of Fish and Wi/d/ife Habitat <br />to an alternative post-mining land use of /ndustiia/ or Commercia/. In order to accommodate <br />the land use change, a number of significant alterations to the approved reclamation plan <br />would be necessary. I am addressing these issues in a letter, to clarify the points I wanted <br />to make and cover some of the items in a little more detail. <br />Because the land use changes being contemplated would significantly alter the approved <br />reclamation plan, an application for a Permit Revision will be required. Under the regulations, <br />a Permit Revision entails the same timeframes and opportunities for public comment and <br />appeal as a new permit application. In the event that the land use change revision is <br />approved but is ultimately not implemented within a specified time frame, the Division <br />would require implementation of the originally approved reclamation plan for Fish and <br />Wi/d/ife Habitat post-mining land use. The reclamation bond retained by the Division must <br />be sufficient to cover implementation of the original reclamation plan, until the alternative <br />land use is implemented and the bond is released for the designated /ndustiia/ or <br />Commercia! land use areas. For these reasons, the revision application addressing the <br />proposed alternative land use and associated reclamation plan changes will need to be <br />submitted as a self contained package, that can be incorporated into the permit as a <br />separate volume, section, or tab. The alternative land use reclamation plan would be <br />inserted into the permit in addition to, rather than in replacement of, the currently approved <br />reclamation plan. Certain changes may also need to be made to permit Figure 14-1, <br />Reclamation Schedule, of the current reclamation plan, to accommodate time frames <br />associated with implementation of the alternative land use. <br />At the meeting, Mr. Fontanari expressed an interest in use of certain buildings and disturbed <br />areas in the vicinity of the South Portals for a commercial use, which I understand would <br />include storage and display of various rock product materials and associated equipment and <br />supplies. He specifically expressed interest in use of the lower level office and <br />cafeteria/training building, along with the warehouse and possibly the shop building on the <br />upper bench, as well as the existing access road to the upper bench. He also indicated an <br />