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Introduction <br />This document is the decision package prepared by the Colorado Division of Reclamation, Mining and <br />Safety (the Division) for the Terror Creek Loadout. This document includes: 1) the proposed decision to <br />approve the permit renewal application; 2) a summary which includes a history of the review of the <br />permit application, a description of the environment affected by the operation and a description of the <br />mining and reclamation plan; and 3) the written findings of compliance the Division has made as required <br />by the Colorado Surface Coal Mining Reclamation Act. Detailed information concerning the findings of <br />compliance can be found in the Regulations of the Colorado Mined Land Reclamation Board for Coal <br />Mining. <br />The Division has received an application for a permit renewal to conduct surface coal mining and <br />reclamation operations at the Terror Creek Loadout. The application was submitted by Terror Creek, <br />LLC, which is the permittee and operator of the Terror Creek Loadout. The Loadout is located on private <br />lands within Delta County, Colorado. The legal description of the lands included within the permit area is <br />as follows: Part of the NW 1/4 SE 1/4 and part of the SW 1/4 SE 1/4 of Section 15, T 13 S, R 91 W of <br />the 6th P.M. The location of the lands can be found on the USGS 7.5 minute quadrangle map of Bowie, <br />Colorado. <br />Proposed Decision <br />The Colorado Division of Reclamation, Mining and Safety proposes to approve an application for <br />renewal of a valid, existing permit. The application was submitted by Terror Creek, LLC (TCLLC) for <br />the Terror Creek Loadout. This decision is based on a finding that the operations will comply with all <br />requirements of the Colorado State Program as found in the Colorado Surface Coal Mining Reclamation <br />Act, CRS 34 -33 -101 et seq., and the Regulations promulgated pursuant to the Act. If no request for a <br />formal hearing is made within thirty (30) days of the first publication of the issuance of this proposed <br />decision, then this decision becomes final. The permit application and all supporting documentation and <br />any stipulations or conditions will become a binding part of the permit. <br />Summary <br />History of the Review Process <br />Terror Creek, LLC (TCLLC) submitted a permit renewal application for the Terror Creek Loadout, <br />Permit Renewal 06 (RN -06). The Loadout is located in Delta County, between Paonia and Somerset to <br />the south of State Highway 133. The Loadout is being operated as an independent coal handling and <br />loadout facility; TCLLC has bought coal from various coal mining companies in the general area for <br />resale to international and domestic industrial customers, but over the past several years the coal has come <br />almost exclusively from the Elk Creek Mine. Approximately 13.6 acres have been disturbed by the <br />operation to allow storage, crushing and shipment of up to 500,000 tons of coal per year. <br />The Division was first approached regarding permitting of the Terror Creek Loadout in September of <br />1982. At that time the Division indicated that it was not clear whether or not a permit from the Division <br />would be necessary for construction, operation, and reclamation of an off -site coal loadout such as Terror <br />Creek. The Division advised the prospective operator to operate in such a manner so as to be "in <br />compliance on the ground" with the Colorado Surface Coal Mining Reclamation Act. <br />Subsequently, based on an opinion from the Attorney General's Office, it was determined that the Terror <br />Creek Loadout operation would require a permit. As a result of site visits on January 25, 1983 and <br />February 2, 1983, the Division advised the applicant regarding measures which would have to be taken, <br />