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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 />June 3, 2011 <br />James A. Kiger <br />Oxbow Mining, LLC <br />P.O. Box 535 <br />3737 Highway 133 <br />Somerset, CO 81434 <br />Re: Terror Creek Loadout (Permit No. C-1983-059) <br />Minor Revision No. 26 (MR- 26) <br />2011 Mid-Term Review Updates <br />Dear Mr. Kiger: <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />We have received your application for a minor revision to your permit to conduct coal mining in Colorado. Our <br />initial review indicates that all preliminary items required by Rule 2.08.4(5) have not been submitted. Thus, your <br />application is incomplete for the purposes of filing as of June 2, 2011. <br />Terror Creek LLC's submittal dated May 17, 2011 contained additional ownership and control information that <br />had been requested by the Division. Specifically, proposed revised page 2.03-7 lists Crestview-Oxbow <br />Acquisition, LLC as the owner of 22.11 % interest of Oxbow Carbon LLC. However, no further information was <br />provided. <br />Rule 2.03.4(3) requires additional information for each person who owns or controls an entity. The definition of <br />"owns or controls" is under Rule 1.04(83a). However, there is an exemption under Rule 1.04(83a)(b) if a <br />demonstration can be provided that the person(s) does not have direct or indirect authority over the loadout <br />operations. <br />In accordance with Rule 2.07.3(1), you have the opportunity to amend, review, or otherwise make your application <br />complete. For completeness, please provide additional ownership and control information under Rule 2.03.4(3) for <br />Crestview-Oxbow Acquisition LLC or provide official documentation under Rule 1.04(83a)(b) that no persons at <br />that entity have direct or indirect authority over the Terror Creek Loadout operations. <br />If you have any questions, please contact me. <br />Sincerely, <br />Jbseph . DLsh <br />"invironmental Protection Specialist <br />C-MR-01 C1983059 JJD 06012011031857.doc <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines