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TERROR CREEK LOADOUT <br />Permit No. C-1983-059 <br />2011 Midterm Review <br />This is the 2011 midterm review findings document for the Terror Creek Loadout. The midterm review is <br />required under Rule 2.08.3 to be performed not later than the middle of each five year permit term. Through this <br />review, the Colorado Division of Reclamation, Mining and Safety can require reasonable modifications to the <br />permit so that the permit application complies with the Regulations of the Colorado Mined Land Reclamation <br />Board for Coal Mining. Rule 3.02.2(4) requires that the amount of the reclamation liability bond be reviewed <br />during the midterm and adjusted, if necessary. <br />This findings document is divided into four sections. Section 1 describes the history of the loadout. An account <br />of the permitting and enforcement actions, including permit revisions, stipulations and enforcement actions, is <br />contained in Section II. The reclamation liability bond information is in Section III. The final section contains <br />specific questions or comments that arose in the review of the permit application. <br />Section I - Mine Histor <br />Terror Creek LLC (TCLLC) is the permittee and operator of the Terror Creek Loadout. Originally, the <br />permittee and operator of the Terror Creek Loadout was the Terror Creek Company. However, through Minor <br />Revision No. 25, that was changed to TCLLC. TCLLC is 100% owned by Oxbow Carbon & Minerals LLC, <br />which in turn is 100% owned by Oxbow Carbon LLC. The loadout is located in Delta County, between Paonia <br />and Somerset, to the south of Old State Highway 133 and is being operated as an independent coal handling and <br />loadout facility. TCLLC buys coal from various coal mining companies in the general area for resale to <br />international and domestic industrial customers. Approximately 13.6 acres have been disturbed by the operation <br />to allow storage, crushing and shipment of up to 500,000 tons 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, <br />the Division advised the applicant regarding measures that would have to be taken, including submittal of a <br />permit application, in order to bring the operation into compliance with the requirements of the Act. <br />The initial Terror Creek Loadout application was submitted to the Division on February 14, 1983 and deemed <br />complete 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 Old State <br />Highway 133 were submitted on March 31, 1983. Public notice of the revised pen-nit boundary was provided in <br />the March 31, 1983 edition to the North Fork Times. The Division issued a proposed decision for the initial <br />permit application on July 21, 1983. The proposed decision was published in the North Fork Times on July 21