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DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />December 12, 2013 <br />To: Leigh Simmons <br />From: Mary Rodriguez <br />RE: AVS Check <br />STATE OF COLORADO <br />COLORADO <br />DIVISION Of <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />An AVS check for the RN -3 application for New Elk Coal Company, LLC has been completed. The ownership and <br />control information provided by them is not consistent with the information in AVS. AVS has Officers listed <br />that are not included in the Officers /Directors list that was provided; Ernest Cleave as Director with a start <br />date of 9/30/2008, as Secretary and Manager with a start dates of 1/4/2010, Bill McKnight as Director and <br />Chairman of the Board with a start date of 9/30/2008 and President and Manager with a start date of <br />1/4/2010, Paul Phillips as Manager with a start date of 1/4/2010 and Director with a start date of 9/30/2008, <br />and David Stone as Chief Operations Officer with a start date of 5/29/2012. For Cline Mining Corporation the <br />following Officers /Directors are listed in AVS but not included in the Officers /Directors list provided to the <br />Division; Ken Bates as Director, President and CEO with a start date of 7/25/2008, Ernest Cleave as CFO and <br />Vice President with a start date of 9/30/2008, Dale Hendrick as Director with a start date of 7/25/2008, Alana <br />Kelcey as Secretary with a start date of 9/30/2008, Shinji Koyanagi as Director with a start date of 7/25/2008, <br />John McCulloch as Director with a start date of 7/25/2008, Bill McKnight as Director and Chairman of the <br />Board with a start date of 7/25/2008, and Senator David Tkachuk as Director with a start date of 7/25/2008. <br />The Division will need an updated list of Officers /Directors list from New Elk Coal Company, LLC providing end <br />dates for these officer's if they are no longer in office. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />