2001-02-20_GENERAL DOCUMENTS - C1983059

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The initial Terror Creek application was submitted to the Division on February 14, 1983 and deemed complete on February 23, 1983. Construction of the facility had been largely completed prior to submittal of the application. Plans for modifying the application to allow for a new access/haul road to connect the site with Highway 133 were submitted on March 31, 1983. Public notice of the revised permit boundary was provided in the March 31, 1983 edition to the North Fork Times. The Division issued a proposed decision for the initial permit application on July 21, 1983. The proposed decision was published in the North Fork Times on July 21 and 28, 1983. No objections to the proposed decision were received: therefore, the Division's decision became final on August 22, 1983. Terror Creek Company subsequently encountered difficulty in procuring final approval of the bond due to misunderstandings between the Division, the bank, and Terror Creek. An acceptable bond was submitted, however, and the mining permit was signed on January 28, 1985 retroactive to August 23, 1983. The application for renewal of the permit was submitted on March 18, 1988. Notice of the complete application was published in the North Fork Times on April 7, 14, 21, and 28, 1988. One letter was received from a citizen adjacent to the loadout operation. The letter contained concerns about dust generation. The Air Quality Permits for the loadout were modified and clarified during the period of time that the permit renewal application was under review. The Division responded to the citizen indicating that the Terror Creek loadout was believed to be in compliance with the Mining Permit and the Air Quality Permits. No requests for an informal conference were received during the review period. An application for a third permit term was submitted to the Division on February 22, 1993. Notice of the complete application of Permit Renewal No. 2 was published in the North Fork Times on March 10, 17, 24 and 31, 1993. The Division's preliminary adequacy review was sent on April 23, 1993, and TCC's responses were received on June 1, 1993, in the form of a minor revision. This minor revision was approved on June 11, 1993, and this decision was subsequently issued. On November 12, 1997, the Division sent the required 270 day notice informing the operator that a complete permit renewal application needed to be submitted by February 23, 1998 in order to secure the right of successive renewal for a fourth permit term. The operator submitted their Permit Renewal No. 3 application on February 6, 1998. The renewal application was deemed complete on February 13, 1998, thereby securing the right of successive renewal. Notification of the permit renewal application was sent to the appropriate local governmental bodies, agencies and authorities. The public notice of the complete renewal application was published in the Delta County Independent on February 18 and 25 and March 4 and March 11, 1998. The Division received only one response, that from the Colorado Historical Society, which found that there would not be any impacts on cultural resources. No other entities or individuals responded. The Division's adequacy review questions were sent to the operator on April 15, 1998 with Terror Creek's responses being sent to the Division in a submittal dated June 25, 1998. All adequacy review questions were satisfactorily answered. All of the permit application revised pages and maps were incorporated into the permit application in Minor Revision No. 17. Questions then arose as to the exact volume of topsoil that had been stockpiled on site and the exact number of disturbed area acreage. A final adequacy letter was sent on November 25, 1998. This issue 2