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III IIIIIIIIIIIIIIII 999 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Urpanmrm of Nawral Resources I i 13 Sherman 51., Room 215 Denver, Colorado 80203 !'hone: (3031 866-7567 (A% 11031 Alt-8106 October 12, 1995 ~a',' ~~~`k_j DEPARTMENT OF NATURAL RESOURCES Roy Romer Governor Mr. Kelly Fritzler Terror Creek Com an Wmes 5 Lochhead P Y E~ecun ve Director 1840 Highway 133 michaelB Long Paonia, CD 81428 Drvrsiun Dtreuor RE: Implementation of Revised Rules ~ Regulations; Terror Creek Loadout; Permit No. C-83-059 Dear Mr. Fritzler; As you recall, a number of changes were made to the Colorado Rules and Regulations and you were notified of those changes on August 2, 1995. At that time, implementation information was also provided, which included required dates of compliance. To assist Terror Creek Company (TCC), I have reviewed the rule changes in reference to the Terror Creek Loadout. The information should be provided by the previously established date of compliance. In accordance with amended Rule 2.05.3(3), appropriate descriptions, plans, and drawings of mine support facilities, sufficient to demonstrate compliance with Rule 4.04, must be submitted to the Division. Rule 4.04 addresses performance standards for mine support facilities. Terror Creek should revise their permit to include facilities where coal, petroleum products, and/or any hazardous wastes are handled by providing sufficient information to document how applicable sections of Rule 4.04 have been addressed. A minor revision should be submitted prior to October 15, 1995. 2. As required by amended rule 2.05.4(2), permit applications will need to be revised to include detailed reclamation plans for any roads which are to be modified for retention as part of the post-mining land use. This would include any realignment, width reduction, or resurfacing that may be required. Terror Creek should provide this information for the road section from SH 133 to the office. The plan must be submitted in the form of a technical revision by November 15, 1995. Amended Rules 4.03.1(7)(b), 4.03.2(7)(a)(ix), and 4.03.3(7)(1) require operators to properly dispose of road surfacing materials, which are incompatible with revegetation, prior to