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30, 2003, on February 3, 2003, in time to secure the right of successive renewal for the operator. The
<br />submittal was deemed complete by the Division on February 7, 2003. Completeness letters were sent to
<br />the appropriate federal, state and local government agencies, and interested local business and
<br />environmental groups. The completeness public notice was published four consecutive times (on
<br />February 12, 19 and 26 and March 5, 2003) in the Delta County Independent. The Division did not
<br />receive any comment letters from these governmental or private concerns or from the public.
<br />In a letter dated March 25, 2003, the Division sent its preliminary adequacy review. The operator
<br />responded in two letters, one dated April 23, 2003, and the other dated May 8, 2003. Because not all of
<br />the identification of interests concerns had been resolved, two additional letters from the Division and
<br />three by the operator were required to resolve the identification of interests concerns. The proposed
<br />decision to approve Permit Renewal No. 4 was made on October 17, 2003. After the proposed decision
<br />public notice was published twice in the Delta County Independent (on October 22 and 29, 2003), and
<br />with no objections to the decision received, the permit renewal was issued with the renewal effective on
<br />August 23, 2003.
<br />The Division's 270 day letter, informing the operator that a complete Permit Renewal No. 5 application
<br />must be submitted by February 25, 2008 in order to secure the right of successive renewal, was sent on
<br />November 23, 2007. The operator's application, dated January 7, 2008, was received at the Division three
<br />days later, and the Division deemed the application complete on January 20, 2008. The completeness
<br />letters were mailed on January 28, 2008 and the public notice of completeness was published four times
<br />(on February 6, 13, 20 and 27, 2008) in the Delta County Independent.
<br />The Division received only one comment letter and that was from the Colorado Division of Water
<br />Resources dated February 19, 2008, in which that agency stated it had no objections to the renewal
<br />application. The Division sent its first adequacy review letter on March 20, 2008. The operator replied in
<br />a submittal dated April 2, 2008. A second adequacy review letter was sent by the Division on April 9,
<br />2008. The operator sent an e-mail on April 14, 2008 in which the operator accepted the reclamation cost
<br />estimate. The Division sent a third adequacy review letter dated May 1, 2008, in which information was
<br />requested concerning ownership and control as well as concerning an update on threatened and
<br />endangered species. The operator responded appropriately in a submittal dated May 8, 2008. All issues
<br />for Permit Renewal No. 5 were resolved. A proposed decision to approve Permit Renewal 05 was
<br />subsequently issued on May 23, 2008 and a notice of the proposed decision was published two times on
<br />June 4 and 11, 2008. The proposed decision was made final on July 10, 2008.
<br />Permit Renewal No. 6 Review Process
<br />On December 7, 2012, the Division sent a 270 -day letter to TCLLC via e-mail and US Mail to advise the
<br />operator that the permit for the Terror Creek Loadout would expire on August 23, 2013 and that a
<br />complete application would need to be received no later than February 24, 2013 in order to maintain the
<br />right of successive renewal. TCLLC submitted an application for the renewal of the Terror Creek
<br />Loadout on December 7, 2012. This application was received by the Division on December 12, 2012 and
<br />deemed complete on December 21, 2012, and the Division sent notices to the operator and local, state and
<br />Federal agencies. Pursuant to Rule 2.08.5(3)(f), TCLLC maintains the right of successive renewal for the
<br />Terror Creek Loadout.
<br />Pursuant to Rule 2.07.3(2), TCLLC published a public notice once a week for four consecutive weeks in
<br />the Delta County Independent. The publication ran on January 9, 16, 23, and 30, 2013.
<br />The Division sent its preliminary adequacy review letter to TCLLC on February 19, 2013. TCLLC
<br />responded to the letter on April 5, 2013. Following internal discussions regarding the need for a coal
<br />ownership map for sites that are only loadouts, the Division sent a second adequacy review letter to
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