2008-05-23_GENERAL DOCUMENTS - C1983059

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In a letter dated March 25, 2003, the Division sent its preliminary adequacy review. The Terror Creek Company responded in two letters, one dated April 23, 2003 and the other dated May 8, 2003. Because not all of the identification of interests concerns had been resolved, two additional letters from the Division and three by the Terror Creek Company were required to resolve the identification of interests concerns. The proposed decision to approve Permit Renewal No. 4 was made on October 17, 2003. After the proposed decision public notice was published twice in the Delta County Independent, and with no objections to the decision being received at the Division, the permit renewal was issued, with the renewal effective on August 23, 2003. The Division's 270 day letter, informing the operator that a complete Permit Renewal No. 5 application must be submitted by February 25, 2008 in order to secure the right of successive renewal, was sent on November 23, 2007. The operator's application, dated January 7, 2008, was received at the Division three days later and was called complete on January 20, 2008. The completeness letters were mailed on January 28, 2008 and the public notice of completeness was published four times on February 6, 13, 20 and 27, 2008 in the Delta County Independent. The Division received only one comment letter and that was from the Colorado Division of Water Resources dated February 19, 2008, in which that agency had no objections to the renewal application. The Division sent its first adequacy review letter on March 20, 2008. The operator replied in a submittal dated April 2, 2008. A second adequacy review letter was sent by the Division on April 9, 2008. The Terror Creek Company sent an e-mail on April 14, 2008 in which the operator accepted the reclamation cost estimate. The Division sent a third adequacy review letter dated May 1, 2008, in which information was requested concerning ownership and control as well as concerning an update on threatened & endangered species. The operator responded appropriately in a submittal dated May 8, 2008. All issues for Permit Renewal No. 5 were resolved. Description of the Environment Site Description and Land Use-Rule 2 04 3 Information regarding site description and land use can be located in the permit application in section 2.04.3. The 13.6-acre permit area is situated on a moderately steep (approximately 15% slope) colluvial deposit between State Highway 133 and the flood plain of the North Fork of the Gunnison River, at an approximate elevation of 5,900 feet. The surrounding area is mountainous, with elevations ranging up to 8,300 feet at the summit of Jumbo Mountain, to the southeast of the permit area. The North Fork of the Gunnison has the appearance of a moderately broad alluvial valley, extending to approximately 1,500 feet wide. The valley separates high table lands south of the river from the slopes of the Grand Mesa to the north. The permit area is drained by the North Fork of the Gunnison River and two unnamed ephemeral drainages. Water in the North Fork is characterized as a calcium bicarbonate type with moderate levels of sulfate. Figure 1 shows the location of the Terror Creek Loadout in relation to the other mines within the North Fork drainage basin. The flood plain of the North Fork, immediately to the south of the permit area, has been found to meet the geomorphic criteria and irrigation requirements of an alluvial valley floor (AVF). The primary land use in the valley is irrigated agriculture, underground coal mining, and wildlife habitat. Orchards and pasture land are irrigated via the Fire Mountain Canal, which diverts water from the North Fork of the Gunnison, and the Deer Trail Ditch, which diverts water from Hubbard Creek. The pre-disturbance land use at the loadout was for irrigated orchards. Irrigation water at Terror Creek is supplied by the Deer Trail Ditch, which flows by culvert over the Fire Mountain Canal near the northern permit boundary.