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including submittal of a permit application, in order to bring the operation into compliance with the
<br />requirements of the Act.
<br />The initial Terror Creek Loadout application was submitted to the Division on February 14, 1983, and
<br />deemed complete on February 23, 1983. Construction of the facility had been largely completed prior to
<br />submittal of the application.
<br />Plans for modifying the application to allow for a new access/haul road to connect the site with Highway
<br />133 were submitted on March 31, 1983. Public notice of the revised permit boundary was published. The
<br />Division issued a proposed decision for the initial permit application on July 21, 1983. The proposed
<br />decision was published and, since there were no objections to the proposed decision, the Division's
<br />decision became final on August 22, 1983. An acceptable bond was submitted and the mining permit was
<br />signed on January 28, 1985, retroactive to August 23, 1983.
<br />The application for the first renewal of the permit was submitted on March 18, 1988. A public notice
<br />announcing the filing of a complete renewal application was published four times (on April 7, 14, 21 and
<br />28 1988). As a response to the public notice of the complete application, one letter was received from a
<br />citizen adjacent to the Loadout. The letter contained concerns about dust generation. After review by the
<br />Division, the Air Quality Permits for the Loadout were modified and clarified. No requests for an
<br />informal conference were received during the review period. The public notice that announced the
<br />proposed decision to approve with conditions Permit Renewal No. 1 was published two times on August
<br />25 and September 1, 1988. The permit renewal was issued on September 26, 1988, effective August 23,
<br />1988.
<br />An application for a second renewal of the permit term was submitted to the Division on
<br />February 22, 1993. After the notice of the complete application was published four times (on March 10,
<br />17, 24, and 31, 1993), the Division's preliminary adequacy review was sent on April 23, 1993. The
<br />operator's responses were received on June 1, 1993, in the form of a minor revision. This minor revision
<br />was approved on June 11, 1993. The proposed decision to approve was signed on July 27, 1993 and
<br />published two times on August 4 and 11, 1993. The permit renewal was issued on September 3, 1993,
<br />effective August 23, 1993.
<br />The expiration date for the third permit term ended on August 23, 1998. The operator submitted their
<br />permit renewal application for renewal 3 (RN -03) on February 6, 1998. The renewal application was
<br />deemed complete on February 13, 1998, thereby securing the right of successive renewal.
<br />Notification letters were mailed and the public notice of the complete renewal application was published
<br />four times (on February 11, 18 and 25 and March 4, 1998). The Division received only one response,
<br />from the Colorado Historical Society, which found that there would not be any impacts to cultural
<br />resources.
<br />The Division's adequacy review questions were sent to the operator on April 15, 1998 with Terror
<br />Creek's responses being sent to the Division in a submittal dated June 25, 1998. All adequacy review
<br />questions were satisfactorily answered. All of the permit application revised pages and maps were
<br />incorporated into the permit application in Minor Revision No. 17. Questions then arose as to the exact
<br />volume of topsoil that had been stockpiled on site and the exact acreage of disturbed area. A final
<br />adequacy letter was sent on November 25, 1998. This issue was resolved with no new revised pages and
<br />the permit renewal decision was proposed to be approved on February 24, 1999. After the public notice
<br />was published two times, on March 10 and 17, 1999, and no comments or objections were received, the
<br />permit renewal was issued.
<br />The fourth permit term expired on August 23, 2003. The Division sent the required 270 day notification
<br />letter on November 22, 2003. The Division received the Permit Renewal No. 4 submittal, dated January
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