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<br />„ R <br />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 />May 1, 2008 <br />SCANNED <br />COLORADO <br />D I V IS I ON OF <br />RECLAMATION <br />MINING <br />SA ETY <br />James A. Ki <br />ger Bill Ritter, Jr. <br /> Governor <br />Environmental Manager <br /> <br />Oxbow Mining, LLC. Harris D. Sherman <br />Executive Director <br />P.O. Box 535 Ronald W. Cattany <br />Somerset, Colorado 81434 Division Director <br /> Natural Resource Trustee <br />RE: Terror Creek Loadout, Permit No. C-83-059, Terror Creek Company <br />Permit Renewal No. 5, Third Adequacy Review Letter <br />Dear Mr. Kiger: <br />The following is the status of the remaining adequacy review issues for Permit Renewal No. 5 for the <br />Terror Creek Loadout. The Division of Reclamation, Mining and Safety's (Division) adequacy review <br />letter dated April 9, 2008, detailed the resolution of the other issues. Also included in this letter is new <br />question number 8, an issue that was inadvertently left out of previous Division letters. <br />Section 2.05.4, Reclamation Plan <br />6. The Division has not finished its review of the reclamation cost estimate for RN-S. When finished, <br />a copy of the reclamation cost estimate worksheets will be sent to Oxbow for its review. <br />The Division has no further concerns. The cost estimate was sent to Oxbow in the Division's <br />adequacy review letter dated April 9, 2008 and totaled $276,095.00, an increase of $12,097.00 <br />over the current bond liability of $263,998.00. In an e-mail response dated April 14, 2008, Oxbow <br />accepted the Division's estimate. The Division holds a reclamation bond of $278,000.00 so no <br />additional bond needs to be submitted. <br />Section 2.0.7.6, Criteria for Review of Permit Applications for Permit Approval or Denial <br />7. As required in Section 2.07.6(1)(b), the Division will be conducting a computer check of the <br />Applicant Violator System (A VS) and will inform the operator of the results. The Division will <br />conduct additional AVS checks before the permit renewal is final. <br />The Division has conducted an AVS check of the Identification of Interests information supplied <br />in the Oxbow submittal dated April 2, 2008. There appear to be three typos on revised page <br />2.03Ra. Under the heading "Officers of Oxbow Carbon & Minerals Holdings, Inc.", it appears that <br />William I. Koch should be listed as President and Chief Executive Officer, Zachary K. Shipley as <br />Treasurer and Richard P. Callahan as Secretary. Currently, all three are listed as Directors under <br />the "Officers..." heading. Please revise appropriately. <br />Office of <br />Mined Land Reclamation <br />Office of <br />Denver . Grand Junction • Duraneo Artivp and Inartivp Minpc