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Introduction <br />This document is the decision package prepared by the Colorado Division of Reclamation, Mining and Safety <br />(the Division) for the Terror Creek Loadout. This document includes: 1) the proposed decision to approve the <br />permit renewal application; 2) a summary which includes a history of the review of the permit application, a <br />description of the environment affected by the operation and a description of the mining and reclamation plan; <br />and 3) the written findings of compliance the Division has made as required by the Colorado Surface Coal <br />Mining Reclamation Act. Detailed information concerning the findings of compliance can be found in the <br />Regulations of the Colorado Mined Land Reclamation Board for Coal Mining. <br />The Division has received an application for a permit renewal to conduct surface coal mining and reclamation <br />operations at the Terror Creek Loadout. The application was submitted by the Terror Creek Company, which <br />is the permittee and operator of the Terror Creek Loadout. The loadout is located on private lands within Delta <br />County, Colorado. The legal description of the lands included within the permit area is as follows: Part of the <br />NW 1 /4 SE 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 <br />the lands can be found on the USGS 7.5 minute quadrangle map of Bowie, Colorado. <br />Proposed Decision <br />The Colorado Division of Reclamation, Mining and Safety proposes to approve an application for renewal ofa <br />valid, existing permit. The application was submitted by the Terror Creek Company for the Terror Creek <br />Loadout. This decision is based on a finding that the operations will comply with all requirements of the <br />Colorado State Program as found in the Colorado Surface Coal Mining Reclamation Act, CRS 34-33-101 et <br />seq., and the Regulations promulgated pursuant to the Act. If no request for a formal hearing is made within <br />thirty (30) days of the first publication of the issuance of this proposed decision, then this decision becomes <br />final. The permit application and all supporting documentation and any stipulations or conditions will become <br />a binding part of the permit. The stipulations for the Terror Creek Loadout have been satisfied. <br />Summary <br />History of the Review Process <br />The Terror Creek Company (TCC), a Colorado Partnership involving Oxbow Mining, LLC and Bear Coal <br />Company submitted a permit renewal application for the Terror Creek Loadout. The loadout is located in <br />Delta County, between Paonia and Somerset to the south of State Highway 133. The TCC Loadout is being <br />operated as an independent coal handling and loadout facility; TCC buys coal from various coal mining <br />companies in the general area for resale to international and domestic industrial customers. Approximately <br />13.6 acres have been disturbed by the operation to allow storage, crushing and shipment of up to 500,000 tons <br />of coal per year. <br />The Terror Creek Company first approached the Division regarding permitting of the loadout in September of <br />1982. At that time the Division indicated that it was not clear whether or not a permit from the Division would <br />be necessary for construction, operation, and reclamation of an off-site coal loadout such as Terror Creek. The <br />Division advised the company to operate in such a manner so as to be "in compliance on the ground" with the <br />Colorado Surface Coal Mining Reclamation Act. <br />Subsequently, based on an opinion from the Attorney General's Office, it was determined that the Terror Creek <br />Loadout operation would require a permit. As a result of site visits on January 25, 1983 and February 2, 1983,