GENERAL42758

• Permit No: C1983059
• IBM Index Class Name: General Documents
• Doc Date: 2/24/1999
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN3
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

C
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
Terror 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
of. site visits on January 25, 1983 and February 2, 1983, the Division advised the
applicant regarding measures which would have to be taken, including submittal
of a permit application, in order to bring the operation into compliance with [he
requirements of the Act.
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 [o allow fora new access/haul road to con-
nect the site with Highway 133 were submitted on March 31, 1963. 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 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.
The expiration date for the third permit ends on August 23, 1998. 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. The operator submitted their
Terror Creek Loadout Page 2