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STATE OF COLORADO <br />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 />Date: February 4, 2009 <br />To: Joe Dudash <br />From: Johanna Cran? <br />Re: Terror Creek Loadout, C-1983-059, MR25 <br />AVS Review <br />COLORADO <br />D I V I S ION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Ritter, Jr. <br />Governor <br />Harris D. Sherman <br />Executive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />I have reviewed the January 23, 2009 submittal that Oxbow Mining, LLC submitted in response to <br />my adequacy questions. Everything was adequately responded to. I was wondering if we could ask <br />OMLLC to fix one small item that is more of an error than a problem. <br />Item #4 - Edwin L. Merwin was End Dated on June 8, 2007 and the PAP page 2.03-6 was <br />updated. <br />Since he was End Dated on June 8, 2007, he does not need to be listed on the PAP page 2.03- <br />6, so if OMLLC would like they may take him off the list of officers for OCMLLC. <br />When I did an AVS/OSM evaluation, Terror Creek LLC pulled two West Virginia state violations up. <br />One of the new officers for Oxbow Carbon LLC (a parent), Thomas W Garges, Jr. brought them with <br />him. Both these violations are under the Pittston settlement. Since these violations are not Oxbow's <br />or Terror Creek's I am going to give Terror Creek an "Issue". <br />I have not received the new bond they are submitting for Terror Creek LLC yet, but as soon as I do I <br />will let you know. <br />Thanks <br />M:\coal\jrc\AVS\MR25TCLLC 2nd memo.doc <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines