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~~ iii iiiiiiiiiii 999 u iii STATE OF COLORADO RiC va nqn p. ~n!,SrJ.. ~~^.vc~,,... D EPAflTMENT OF NATURAL flE50UNCE5 D. Monte Pascoe, Executive Director ML~1ED LAND RECLAMATION 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 David C. Shelton Director September 14, 1982 Mr. Alan Czarnowski 737 Lincoln Avenue P.O. Box 772961 Steamboat Springs, Colorado 80977 RE: Permitting of Railroad Loadouts Dear A1r. Czarnowski: Your recent inquiry about whether your client's proposed railroad loadout facility needs a permit resurrects an issue which neither the Division nor the Board has dealt with head on, as of yet. Hoty the agency and an operator determine when a loadout needs to be permitted has been very unclear. The Office of Surface Mining, the Interior Board of Surface Mining Appeals and the courts have not provided any clear cut decision or developed any real guidance for making such determinations. Up until now, the Division has not faced the questions your particular situation raises concerning the construction and operation of a loadout not attached to any particular coal mine. The Division, has relied strongly on the principle that if a loadout is operated primarily for shipping coal from a particular mine, it needs a permit. This has been the situation in the majority of cases in Colorado. The questions in the case you have presented raise significant policy issues which need to be resolved by the Board through rule-making procedures, Therefore, the Division is going to initiate rule-making to clarify when a loadout is to be permitted. Given this situation, it is not clear whether your client does or does not need a permit. The Division is not going to initiate a review of the proposed operation until the question is answered. However, we will accept the material you submit to us as a matter of record. Please take it under advisement that the rule-making process could result in your client needing a permit. Further, I would advise your client to conduct the operation in a manner which is consistent with the program and would be in compliance on-the-ground with the Colorado Surface Coal Mining Reclamation Act. This would avoid problems in the future if a permit is required.