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TERROR CREEK LOADOUT <br />Permit No. C-83-059 <br />Midterm Review <br />This is the midterm review findings document for the Terror Creek Loadout. The midterm review is <br />required under Rule 2.08.3 to be performed not later than the middle of each five year permit term. <br />Through this review, the Division can require reasonable modifications to the permit in order that the <br />permit application complies with the regulations. Rule 3.02.2(4) requires that the amount of the <br />reclamation liability bond be reviewed during the midterm and adjusted, if necessary. <br />This findings document is divided into four sections. Section I describes the history of the loadout. An <br />account of the permitting and enforcement actions, including permit revisions, stipulations and <br />enforcement actions is contained in Section II. The reclamation liability bond information is in Section <br />III. The final section contains specific questions or comments that arose in the review of the permit <br />application. <br />Section I • Mine History <br />The Terror Creek Company (TCC), a Colorado Partnership involving Oxbow Cazbon & Minerals and <br />Beaz Coal Company, is the petmittee and operator of the Terror Creek Loadout. The loadout is located <br />in Delta County, between Paonia and Somerset, to the south of Old State Highway 133. The TCC <br />Loadout is being operated as an independent coal handling and loadout facility. TCC buys coal from <br />various coal mining companies in the general azea for resale to international and domestic industrial <br />customers. Approximately 13.6 acres have been disturbed by the operation to allow storage, crushing <br />and shipment of up to 500,000 tons of coal per year. <br />The Terror Creek Company first approached the Division regarding permitting of the loadout in <br />September of 1982. At that time the Division indicated that it was not clear whether or not a permit <br />from the Division would be necessary for construction, operation, and reclamation of an off-site coal <br />loadout such as Terror Creek. The Division advised the company to operate in such a manner so as to <br />be "in compliance on the ground" with the Colorado Surface Coa] Mining Reclamation Act. <br />Subsequently, based on an opinion from the Attorney General's Office, it was determined that the <br />Terror Creek 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 <br />taken, including submittal of a permit application, in order to bring the operation into compliance with <br />the requirements of the Act. <br />