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101-1`9, <br />tState <br />of <br />State.co.us Executive Branch Mail -Terror Creek Loadout Permit for Access <br />Terror Creek Loadout Permit for Access <br />Stark - DNR, Jim <jim.stark @state.co.us> <br />To: Eric Langford - CDOT <eric.langford @state.co.us> <br />Cc: Alysha Hernandez - DNR <alysha.hernandez @ state.co.us>, <br /><mary.rodriguez @state.co.us> <br />Eric, <br />Tue, Mar 5, 2013 at 12:04 PM <br />Mary Rodriguez - DNR <br />was given your name and told that you may be able help me. I work for the Colorado Division of Reclamation, <br />Mining and Safety and I am the lead specialist for a small coal Ioadout in the Somerset /Paonia area, the Terror <br />Creek Loadout. We have received a complaint from a landowner (through his attorney) regarding, among other <br />items, a permit for access for the site (permit no. 383071, signed 6 April 1983). 1 have attached both of these <br />documents for your reference. The complaint regarding the permit for access is issue four (which is item 8). <br />Originally the Terror Creek Loadout was issued permit for access no. 383071 to construct a haul road <br />entrance /exit to Colorado Highway 133 (now the old Colorado Highway 133). Terror Creek did, in fact, construct <br />this haul road and highway access and has been using it continually to the present. Several years ago Terror <br />Creek leased it's shop building to another entity, Intermountain Transport, LLC. The lease is still active and both <br />entities, Terror Creek and Intermountain Transport, use the haul road and access to old Colorado Highway 133. <br />The issue was raised that this permit was issued to Terror Creek for access to a "coal loading facility ". The <br />complainant does not believe that the use of this highway access by Intermountain Transport (or, presumably any <br />other entity) is allowable under the permit for access. <br />What I need is a bit of clarification regarding this permit for access. Specifically, the permit was issued in April <br />1983 to the Terror Creek Company to access a coal loading facility (via the haul road they constructed on their <br />property). At issue is whether this precludes any other uses of this access, specifically access by Intermountain <br />Transport, LLC (or any other entity). Are these permits for access limited only to the purpose of access listed on <br />the permit or can other uses or facilities, possibly changed or built at a later date, use this same access point <br />once it has been permitted and constructed without getting a new or amended permit? <br />Any guidance you can give me would be greatly appreciated. Thank you and have a great day. <br />James R Stark <br />1313 Sherman Street, Room 215 <br />Denver, CO .1 <br />i 866 -3567 XB <br />s ni <br />2 attachments <br />Terror Creek Permit Renewal 06 Objection Letter - from The Hassler Law Firm.pdf <br />672K <br />Terror Creek Loadout CDOT Permit for Access - Permit No. 383071.pdf <br />174K <br />https: / /mai l.g oog le.com/mai 1 /u /0 / ?ui =2 &i k= e29129fcb5Uew-- pt &search =i nbox&th= 13d3bf15210c1 ea7 1/2 <br />