2010-12-17_REVISION - C1981019 (146)

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RULE 2 PERMITS Colorado Wolf Management Working Group. 2004. Findings and Recommendations for Managing Wolves that Migrate into Colorado. December 28, 2004. Northwest Colorado Greater Sage-Grouse Working Group. 2008. Northwest Colorado Greater Sage- Grouse Conservation Plan. April 2008. Partners in Flight. 2000. Land Bird Conservation Plan, Colorado, Version 1.0. January 2000. U.S. Fish and Wildlife Service. 2008. Endangered, Threatened, Proposed and Candidate Species, Colorado Counties. Ecological Services, Colorado Field Office, February 2008. Available: hM://www.fws.gov/mountain-prairie/endspp/CounlyLists/Colorado pdf [Accessed 15 October 2008]. 2.03.3(8) Copies Three copies of this permit application have been submitted to the CDRMS at 1313 Sherman Street, Room 215, in Denver, Colorado. Copies will also be provided to the Office of Surface Mining Reclamation and Enforcement (OSMRE) at 1999 Broadway Suite 3320 in Denver, Colorado and the Bureau of Land Management (BLM) Little Snake Field Office at 455 Emerson Street in Craig, Colorado. 2.03.3(9) Certification by Responsible Official The certification that the information contained in this permit revision application is true and correct to the best of current knowledge, information and belief is set forth following the cover letter. 2.03.4 Identification of Interests The Colowyo Mine is wholly owned and operated by Colowyo Coal Company L.P (Colowyo). This Delaware limited partnership is owned 20 percent by the general partner, Kennecott Colorado Coal Company. Pursuant to the partnership agreement, although Kennecott Colorado Coal Company owns a minority interest in the partnership, it has "complete and unrestricted power and authority to manage the business, properties and activities of the Partnership, and to perform any and all other acts customary or incident to the management of the Partnership's business." (Article 2, Section 2. 1, Amended and Restated Agreement of Limited Partnership of Colowyo Coal Company L.P. by and between Kennecott Colorado Coal Company, as General Partner, and Gracoal, Inc. and Gracoal II, Inc., as Limited Partners). The remaining 80 percent is owned by two limited partners (Gracoal, Inc. and Gracoal II, Inc.), with which Kennecott Colorado Coal Company does not have any affiliation, and which do not have any "authority directly or indirectly to determine the manner in which [the] applicant ... conducts surface coal mining operations." (Rule 1.04(83a)) The ownership and control information is provided in Exhibit 2, Volume 2A. Kennecott Colorado Coal Company is a wholly-owned subsidiary of Rio Tinto Energy America Inc., which in turn is a wholly-owned subsidiary of Rio Tinto America Inc. The registered agent in Colorado for Colowyo Coal Company L.P. is Corporation Service Company, 1560 Broadway, Suite 2090, in Denver Colorado 80202. Colowyo Coal Company L.P. is a Delaware limited partnership, and the Delaware registered agent is also Corporation Service Company at 2711 Centerville Road, Suite 400, in Wilmington Delaware 19808. Colowyo is the permit applicant for the Collom permit expansion area. Colowyo is the Mine Operator and has both the general office and the local office located at 5731 State Highway 13, in Meeker, Colorado 81641; telephone number (970) 824-1500. The contact person representing Colowyo is Kurtis Collom- Rule 2, Page 12 Revision Date: 1/23/09 Revision No.: PR-03