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The Terror Creek Company first approached the Division regazding permitting of the loadout in <br />September of 1982. At that time the Division indicated that it was not cleaz whether or not a permit <br />from the Division would be necessary for construction, operation, and reclamation ofan off-site coal <br />loadout such as Terror Creek. The Division advised the company to operate in such a manner so as <br />to be "in compliance on the ground" with the Colorado Surface Coal Mining Reclamation Act. <br />Subsequently, based on an opinion from the Attorney General's Office, it was detemuned 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 <br />with the requirements of the Act. <br />The initial Terror Creek application was submitted to the Division on Febmary 14,1983 and deemed <br />complete on February 23, 1983. Construction of the facility had been largely completed prior to <br />submittal of the application. <br />Plans for modifying the application to allow for a new access haul road to connect the site with <br />Highway 133 were submitted on Mazch 31, 1983. Public notice of the revised permit boundary was <br />published. The Division issued a proposed decision for the initial permit application on July 21, <br />1983. The proposed decision was published and, since there were no objections to the proposed <br />decision, the Division's decision became fmal on August 22, 1983. An acceptable bond was <br />submitted and the mining permit was signed on January 28, 1985 retroactive to August 23, 1983. <br />The application for the first renewal of the permit was submitted on Mazch 18,1988. As aresponse <br />to the public notice of the complete application, one letter was received from a citizen adjacent to the <br />loadout operation. The letter contained concerns about dust generation. Aftet review by the <br />Division, the Air Quality Permits for the loadout were modified and clazified. No requests for an <br />informal conference were received during the review period. <br />An application for a second renewal of the permit term was submitted to the Division on <br />February 22, 1993. After the notice of the complete application was published, the Division's <br />preliminary adequacy review was sent on April 23, 1993. TCC's responses were received on <br />June 1, 1993, in the form of a minor revision. This minor revision was approved on June 11, 1993, <br />and this decision was subsequently issued. <br />The expiration date for the third permit term ended on August 23, 1998. The operator submitted their <br />perrnit renewal application on February 6, 1998. The renewal application was deemed complete on <br />February 13, 1998, thereby securing the right of successive renewal. <br />Notification letters were out and the public notice of the complete renewal application was <br />published. The Division received only one response, that from the Colorado Historical Society, <br />which found that there would not be any impacts to cultural resources. <br />The Division's adequacy review questions were sent to the operator on April I5, 1998 with Terror <br />Creek's responses being sent to the Division in a submittal dated Tune 25, 1998. All adequacy review <br />questions were satisfactorily answered. All of the permit application revised pages and maps were <br />incorporated into the permit application in Minor Revision No. 17. Questions then arose as to the <br />2 <br />