GENERAL36874

• Permit No: C1983059
• IBM Index Class Name: General Documents
• Doc Date: 7/23/1993
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN2
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

Introduction
This document is the decision package prepared by the Colorado Division of
Minerals and Geology (the Division) for the Terror Creek Loadout. This document
includes: 1) the proposed decision to approve the permit renewal application;
2) a summary which includes a history of the review of the permit application,
a description of the environment affected by the operation and a description of
the mining and reclamation plan; and 3) the written findings of compliance the
Division has made as required by the Colorado Surface Coal Mining Reclamation
Act. Detailed information concerning the findings of compliance can be found in
the Regulations of the Colorado Mined Land Reclamation Board for~COal Mining.
The Division has received an application for a permit renewal to conduct surface
coal mining and reclamation operations at the Terror Creek Loadout. The applica-
tion was submitted by Terror Creek Company and the loadout is operated by Terror
Creek Company as well. The loadout is located on private lands within Delta
County, Colorado. The legal description of the lands included within the permit
area is as follows: Part of the NW 1/4 SB 1/4 and part of the SW 1/4 SE 1/4 of
Section 15, T 13 S, R 91 W of the 6th P.M. The location of the lands can be
found on the IISGS 7.5 minute quadrangle map of Bowie, Colorado.
Proposed Decision
The Colorado Division of Minerals and Geology proposes to approve an application
for renewal of a valid, existing permit. The application was submitted by Terror
Creek Company for the Terror Creek Loadout. This decision is based on a finding
that the operations will comply with all requirements of the Colorado State
Program as found in the Colorado Surface Coal Mining Reclamation Act, CRS
34-33-101 et seq., and the Regulations promulgated pursuant to the Act. If no
request for a formal hearing is made xithin thirty (30) days of the first publi-
cation of the issuance of this proposed decision, then this decision becomes
final. The permit application and all supporting documentation and any stipula-
tions or conditions will become a binding part of the permit. The stipulations
for the Terror Creek Loadout have been satisfied.
Summary
The Review Process
The Terror Creek Company, a Colorado Partnership involving Pacific Basin
Resources and Bear Coal Company submitted a permit renewal application for the
Terror Creek Loadout. The loadout is located in Delta County, between Paonia and
Somerset to the south of State Highway 133. The TCC Loadout will be operated as
an independent coal handling and loadout facility; TCC will buy coal from various
coal mining companies in the general area for resale to international and
domestic industrial customers. Approximately 13 acres have been disturbed by the
operation to allow storage, crushing and shipment of up to 500,000 tons of coal
per year.
The Terror Creek Company first approached the Division regarding permitting of
the loadout in September of 1982. At that time the Division indicated that it
was not clear whether or not a permit from the Division would be necessary for
construction, operation, and reclamation of an off-site coal loadout such as
Terrbr Creek. The Division advised the company to operate in such a manner so
as to be "in compliance on the ground" with the Colorado Surface Coal Mining
Reclamation Act.
Subsequently, based on an opinion from the Attorney General's Office, it was
determined that the Terror Creek operation would require a permit. As a result
Terror Creek Loadout Page 1