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F <br /> <br />OXBOW MINING, LLC <br />3737 Hwy 133 P.O. Box 535 Somerset, Colorado 81434 USA Tel (970)929-5122 Fax <br />(970)929-5177 <br />January 2, 2009 <br />Ms. Loretta Houk <br />Administrative Assistant <br />Colorado Department of Public Health and Environment <br />WQCD-P-B2 <br />4300 Cherry Creek Drive South <br />Denver, CO. 80246-1530 <br />Re: Permit No: COG-850028. Terror Creek Loadout <br />Notification of Minor Permit Modification <br />Dear Ms. Houk: <br />On July 3, 2007, Terror Creek Company (TCC) notified the WQCD of Loadout personnel changes. (A <br />copy of the letter is attached.) Subsequent correspondence from WQCD to TCC (June 24, 2008 Renewal <br />Certification and July 10, 2008 Permit Correction, for example) failed to incorporate the cited changes <br />into the Permit Documentation. Today we are requesting that WQCD review their records to insure the <br />requested changes have been made in the Permit record. <br />The internal Corporate organization of the Permit Operator for the Terror Creek Loadout has also recently <br />experienced changes. Due to an internal assignment of partnership interests, the Permit Operator "Terror <br />Creek Company", a Colorado General Partnership, no longer exists and all of the Permit Operator <br />interests have been assigned to "Terror Creek LLC", a Delaware Limited Liability Company. Otherwise, <br />the Ownership and Control of the Terror Creek LLC, Terror Creek Loadou t remain essentially the same. <br />We are notifying the Division today of this reassignment of Operator interests and request that the <br />Division contact us if you require additional information. <br />Please contact me at 970-929-5806 if you have any questions or concerns. <br />-1 certify under penalty of law that this document and all attachments were prepared under my dine don or supervision in accordance with a <br />system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or <br />persons who manage the systan, or those persons directly responsible for gathering the infuriation, the informatvnn submitted is to the best of <br />my knowledge and belief, true, accurate and complete. I am aware that that are significant penalties for submitting false information, including <br />the possibility of fine and imprisonment for know violations." <br />Sincerely <br />• `(,G'-tom/ <br />J es A. Kiger <br />nvironmental Manager <br />Xc: James T. Cooper, OMLLC <br />Files <br />9 Page 1