REV94045

• Permit No: C1992081
• IBM Index Class Name: Revision
• Doc Date: 8/8/1994
• Doc Name: HAYDEN GULCH LOADOUT C-92-081 MR 01
• From: DMG
• To: JANET BINNS
• Type & Sequence: MR1
• Media Type: D
• Archive: No

•

STATE •

OF iii iiiiiiiiiiiiiiii
999
COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Nawral Resource
131 7 Sherman St., Room 21 5 `

Denver, Colorado 80303 ~
~

Phune: 13071 866 3567 I
FAX: (303) 83?-81 U6
DEPARTMENT OF
NATURAL
DATE: August 8, 1994 RESOURCES
TO: Janet Binne /' RnE Rumen
~
y
Govemo~
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FROH: Erica Crosby Aen s~i.,:~~
Eceaie re Duear r
RE: Hayden Gulch Loadout (C-92-081)

MR-O1 nl~~naeie Lnng
Dir i.inn Director
Janet, we finally figured out to do about the AVS issue regarding the change in
operator for the Hayden Gul ch Loadout. The Seneca II and Seneca II-W remain as
CONDITIONAL ISSUE (as of Friday August 5, 1994 ). Go ahead and include a
stipulation to the permit... something like this;
"WITHIN 60 DAYS OF THE ISSUANCE OF MR-O1, THE OPERATOR SHALL SUBMIT TO THE
DIVISION VERIFICATION THAT AUDIT VIOLATION 930242003:940315, CMIS
VIOLATION C94-020-370-1:5420.00 AND KENTUCKY STATE VIOLATION
010677:885005:1:KY HAVE BEEN OR ARE BEING CORRECTED, OR THAT THE
VIOLATIONS ARE UNDER ADMINISTRATIVE OR JUDICIAL APPEAL. IF THE VIOLATIONS
ARE APPEALED, THE PERMITTEE SHALL SUBMIT TO THE DIVISION VERIFICATION OF
THE RESOLUTION OF THE APPEALS AS SOON AS POSSIBLE.
I also have a few adequacy concerns that should be addressed to the operator
prior to the issuance of the minor revision:
Hayden Gulch Terminal failed to submit the ownership and control
information for Seneca Coal Company (now the operator). This information
is required under Rule 2.03.4(3). Please have the operator submit this
information.
The revised permit pages indicate the ownership relationship tied to
Hayden Gulch Terminal. Parent companies are also listed ae shareholders
and owners. The permittee should specify the percent of shares held by
the company and the percent ownership of one company to another. For
example, Peabody Holding Co. is listed ae 1008 share holder in AVS. This
1008 ownership should be listed in the permit pages. Another example is
that Hanson America Inc. and Hanson Holdings Netherlands HV are both
listed in the permit pages as owners of HM Holdings Inc. In AVS, Hanson
America is 848 owner while Hanson Holdings Netherlands BV owns only 148.
Percentages of ownership should be listed in the permit pages.
Robert E. Lee ie listed as a Vice Prea ident of Hanson America Inc. in the
permit pages (page 15) . AVS/OSM resigned Robert E. Lee from the AVS
system on 4/22/92. Please verify that Robert E. Lee remains a VP of
Hanson America Inc., and update the permit pages accordingly.
C:\AVS\940808