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History of the Review Process <br />The Terror Creek Company, a Colorado General Partnership involving Pacific <br />Basin Resources and Bear Coal Company submitted a permit renewal application <br />for the Terror Creek Loadout. The loadout is located in Delta County, between <br />Paonia and Somerset to the south of State Highway 133. The applicant buys <br />coal from several mines in the North Fork Yalley, including the Bear Mine, the <br />Mt. Gunnison Mine, the Orchard Valley Mine, and in the past the Blue Ribbon <br />Mine. Coal may be purchased from additional sources as well. Approximately <br />13 acres have been disturbed by the operation to allow storage, crushing and <br />shipment of 500,000 tons of coal per year. <br />The initial Terror Creek application was submitted to the Division on February <br />14, 1983 and deemed complete on February 23, 1983. Construction of the <br />facility had been largely completed prior to submittal of the application. <br />Plans for modifying the application to allow fora new access/haul road to <br />connect the site with Highway 133 were submitted on March 31, 1983. Public <br />notice of the revised permit boundary was provided in the March 31, 1983 <br />edition to the North Fork Times. The Division issued a proposed decision for <br />the initial permit application on July 21, 1983. The proposed decision was <br />published in the North Fork Times on July 21 and 28, 1983. No objections to <br />the proposed decision were received, therefore, the Division's decision became <br />final on August 22, 1983. Terror Creek Company subsequently encountered <br />difficulty in procuring final approval of the bond due to misunderstandings <br />between the Division, the bank chosen to act as surety and themselves. An <br />acceptable bond was submitted, however, and the mining permit was signed on <br />January 28, 1985 retroactive to August 23, 1983. The application for renewal <br />of the permit was submitted on March 18, 1988. Notice of the complete <br />application was published in the North Fork Times on April 7, 14, 21, and 28, <br />1988. One letter was received from a citizen adjacent to the loadout <br />operation. The letter contained concerns about dust generation. The Air <br />Quality Permits for the loadout were modified and clarified during the period <br />of time that the permit renewal application was under review. The Division <br />responded to the citizen indicating that the Terror Creek loadout was believed <br />to be in compliance with the Mining Permit and the Air Quality Permits. No <br />requests for an informal conference were received during the review period. <br />-3- <br />