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n-r (;0 <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 4, 2011 <br />Mr. James A. Kiger <br />Environmental Manager <br />Oxbow Mining, LLC. <br />P.O. Box 535 <br />Somerset, Colorado 81434 <br />RE: Terror Creek Loadout, Permit No. C-1983-059, Terror Creek LLC. <br />2011 Midterm Review, Adequacy Review Letter <br />Dear Mr. Kiger: <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />The Colorado Division of Reclamation, Mining and Safety (Division) has reviewed the 2011 <br />Midterm Review adequacy responses provided by Terror Creek LLC (TCLLC) in the submittal <br />dated March 24, 2011. The following is the status of the Division's concerns: <br />Rule 2.03 <br />Please update Section 2.03.4, Identification of Interests, of the permit application if <br />applicable. The updates should include corporate ownership and control information as <br />well as surface ownership information. Also, please update Map 1, Surface Ownership, if <br />applicable. <br />In the submittal dated March 24, 2011, TCLLC provided revised pages 2.03-5, 6, 7, 8 and <br />9. A revised Map 1 will be sent later. However, on revised page 2.03-7, it is stated that <br />Oxbow Carbon & Minerals Holdings, Inc. owns 58.81 % of Oxbow Carbon LLC. Please <br />provide ownership and control information under Rule 2.03.4(3)(a-c) for those remaining <br />interests if any of the conditions under Rule 1.04(83a) apply. <br />2. Please update the compliance information in Section 2.03.5 of the permit application, if <br />applicable. <br />The Division has no further concerns. TCLLC responded that no changes were necessary. <br />3. Please update Section 2.05.3 to describe the relationship of TCLLC with the private <br />trucking company that is using the warehouse and a portion of the parking lot. Please <br />include in the description the continuing liability of TC LLC,' concerning the facilities. <br />Office of Office of <br />Mined Land Reclamation Denver Grand Junction Durango Active and Inactive Mines <br />v