2011-02-23_GENERAL DOCUMENTS - C1983059

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and 28, 1983. No objections to the proposed decision were received so the Division's decision became final on August 22, 1983. Terror Creek Company subsequently encountered difficulty in procuring final approval of the bond due to misunderstandings between the Division, the bank, and the Terror Creek Company. An acceptable bond was submitted, however, and the mining permit was signed on January 28, 1985 retroactive to August 23, 1983. The application for renewal of the permit (RN-01) was submitted on March 18, 1988. Notice of the complete application was published in the North Fork Times on April 7, 14, 21, and 28, 1988. One letter was received from a citizen adjacent to the loadout operation. The letter contained concerns about dust generation. The Air Quality Permits for the loadout were modified and clarified during the period of time that the permit renewal application was under review. The Division responded to the citizen indicating that the Terror Creek Loadout was believed to be in compliance with the Mining Permit and the Air Quality Permits. No requests for an informal conference were received during the review period. An application (RN-02) for a third permit term was submitted to the Division on February 22, 1993. Notice of the complete application of Permit Renewal No. 2 was published in the North Fork Times on March 10, 17, 24 and 31, 1993. The Division's preliminary adequacy review letter was sent on April 23, 1993, and TCC's responses were received on June 1, 1993, in the form of a minor revision. This minor revision was approved on June 11, 1993, and the RN-02 decision was subsequently issued. The operator submitted their Permit Renewal No. 3 (RN-03) application on February 6, 1998. The renewal application was deemed complete on February 13, 1998, with publication of the completeness notice in the Delta County Independent on February 18 and 25 and March 4 and March 11, 1998. The Division's adequacy review questions were sent to the operator on April 15, 1998 with all adequacy review questions satisfactorily answered by the Terror Creek Company. All of the permit application revised pages and maps were incorporated into the permit application in Minor Revision No. 17. Questions then arose as to the exact volume of topsoil that had been stockpiled on site and the exact number of disturbed area acres. A final adequacy letter was sent on November 25, 1998. This issue was resolved with no new revised pages. The permit renewal approval was proposed on February 17, 1999 with the permit being issued retroactively to August 23, 1998. The Division received the submittal package for Permit Renewal No. 4 (RN-04) on February 3, 2003 and found it to be complete on February 7, 2003. Completeness notification letters were mailed on February 7, 2003 to the appropriate local, county, state and federal agencies, as well as the local water district and irrigation company. The public notice of completeness was published in the Delta County Independent on February 12, 19, 26 and March 5, 2003. The Division sent its adequacy review letters to the operator in submittals dated March 25, 2003, June 23, 2003 and September 5, 2003. The Terror Creek Company replied in response letters dated April 23, 2003, May 8, 2003, August 22, 2003, September 5, 2003 and October 10, 2003. In the Division's June 23, 2003 adequacy review letter, the Division revised its reclamation cost estimate based on comments from the operator. The proposed decision to approve Permit Renewal No. 4 was made on October 17, 2003, with the public notice of the proposed decision published in the Delta County Independent on October 22, 2003 and October 29, 2003. The thirty day public comment period passed with no objections so the permit was issued retroactive to August 23, 2003. Revised pages and maps for Permit Renewal No. 4 were incorporated into the permit application through Minor Revision No. 20. The Division's 270 day letter, informing the operator that a complete Permit Renewal No. 5 (RN-05) 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.