2019-11-22_GENERAL DOCUMENTS - C1983059

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Summary The Review Process The Terror Creek Loadout was permitted and originally operated as an independent coal handling and train loadout facility and is located in Delta County, approximately four miles north of the town of Paonia, Colorado. The Terror Creek Loadout was permitted under the permanent state regulatory program in 1983. The loadout was originally permitted by the Terror Creek Company. The permittee has subsequently been changed twice, first to Terror Creek, LLC. through Minor Revision No. 25 (MR-25), and then to Oxbow Mining, LLC. (Oxbow), the current permittee, through Succession of Operator No. 1 (SO-1). The original 1983 permit has been renewed six times. No applications for Permit Revision or Surety Release have been submitted. The Permit Renewals are summarized in Table 1. Table 1: Permit Renewal History Permitting Action Approval Date C-1983-059 issued by Division 8/23/1983 RN-1 9/26/1988 RN-2 8/23/1993 RN-3 8/23/1998 RN-4 8/23/2003 RN-5 7/10/2008 RN-6 2/28/2015 Revisions to the permit submitted since the last midterm review of the Terror Creek Loadout PAP (MT-7, dated February 26, 2016) are shown in Table 2. Table 2: Histor, ofRevisions since MT-7 Revision Brief Description Approval Date MR-29 2015 Midterm Review Responses 11/15/2016 SO-1 Request for Transfer of Succession of Operator 12/13/2016 MR-30 Update Ownership and Control and 5/31/2019 Threatened/Endangered Species Information Oxbow submitted the application for this Permit Revision No. 1 (PR-01) on July 26, 2019, the Division deemed the application complete for the purposes of filing on July 26, 2019. The Division sent completeness notification letters to appropriate agencies in accordance with 2.07.3(3)(b). The ownership and control information was cross-checked against the AVS database on November 20, 2019. The check did not reveal any outstanding violations that would prevent the approval of PR-01. 2