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the Division advised the applicant regarding measures which would have to be taken, including submittal ofa
<br />permit application, in order to bring the operation into compliance with the requirements of the Act.
<br />The initial Terror Creek application was submitted to the Division on February 14, 1983 and deemed complete
<br />on February 23, 1983. Construction of the facility had been largely completed prior to submittal of the
<br />application.
<br />Plans for modifying the application to allow for a new access/haul road to connect the site with Highway 133
<br />were submitted on March 31, 1983. Public notice of the revised permit boundary was published. The Division
<br />issued a proposed decision for the initial permit application on July 21, 1983. The proposed decision was
<br />published and, since there were no objections to the proposed decision, the Division's decision became final on
<br />August 22, 1983. An acceptable bond was submitted and the mining permit was signed on January 28, 1985
<br />retroactive to August 23, 1983.
<br />The application for the first renewal of the permit was submitted on March 18, 1988. As a response to the
<br />public notice of the complete application, one letter was received from a citizen adjacent to the loadout
<br />operation. The letter contained concerns about dust generation. After review by the Division, the Air Quality
<br />Permits for the loadout were modified and clarified. No requests for an informal conference were received
<br />during the review period. The public notice that announced the proposed decision to approve with conditions
<br />Permit Renewal No. 1 was published and the permit renewal was issued on September 26, 1988, effective
<br />August 23, 1988.
<br />An application for a second renewal of the permit term was submitted to the Division on February 22, 1993.
<br />After the notice of the complete application was published, the Division's preliminary adequacy review was
<br />sent on April 23, 1993. TCC's responses were received on June 1, 1993, in the form of a minor revision. This
<br />minor revision was approved on June 11, 1993. The proposed decision to approve was signed on July 27, 1993
<br />with the permit being issued on September 3, 1993, effective August 23, 1993.
<br />The expiration date for the third permit term ended on August 23, 1998. The operator submitted their permit
<br />renewal application on February 6, 1998. The renewal application was deemed complete on February 13, 1998,
<br />thereby securing the right of successive renewal.
<br />Notification letters were out and the public notice of the complete renewal application was published. The
<br />Division received only one response, that from the Colorado Historical Society, which found that there would
<br />not be any impacts to cultural resources.
<br />The Division's adequacy review questions were sent to the operator on April 15, 1998 with Terror Creek's
<br />responses being sent to the Division in a submittal dated June 25, 1998. All adequacy review questions were
<br />satisfactorily answered. All of the permit application revised pages and maps were incorporated into the permit
<br />application in Minor Revision No. 17. Questions then arose as to the exact volume of topsoil that had been
<br />stockpiled on site and the exact number of disturbed area acreage. A final adequacy letter was sent on
<br />November 25, 1998. This issue was resolved with no new revised pages and the permit renewal decision was
<br />proposed to be approved on February 24, 1999. After the public notice was published and no comments or
<br />objections were received, the permit renewal was issued.
<br />The third permit renewal term expired on August 23, 2003. The Division sent the required 270 day notification
<br />letter on November 22, 2003. The Division received the Permit Renewal No. 4 submittal, dated January 30,
<br />2003, on February 3, 2003, in time to secure the right of successive renewal for the operator. The submittal was
<br />called complete by the Division on February 7, 2003. Completeness letters were sent to the appropriate federal,
<br />state and local government agencies, as well as to private water regulatory concerns. The completeness public
<br />notice was published four consecutive times in the Delta County Independent. The Division did not receive
<br />any comment letters from these governmental or private concerns, or from the public.
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