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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 />July 8, 2011 <br />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 />Certificate of Liability Insurance <br />Dear Mr. Kiger: <br />The Division is in receipt of six separate renewed certificates of liability insurance for the Terror Creek <br />Loadout. Four were received on June 17, 2011 and two were received on June 20, 2011. Some of the <br />information varies from certificate to certificate. The Division requests that TCLLC resubmit just one <br />renewed certificate so that there will be no confusion as to which one is the correct certificate. <br />The resubmitted certificate should contain the following information. <br />STATE OF COLORADO <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />1. The insured is listed as Oxbow Carbon & Minerals, LLC on most of the recently submitted <br />certificates. However, recent changes to the TCLLC ownership have eliminated that entity and <br />replaced it with Oxbow US Coal, LLC. The Division recommends, however, that the insured be <br />listed as Terror Creek LLC since that entity is the applicant, as referred to under Rule 2.03.9(1). <br />The Division understands that Oxbow had been listed on previous certificates. <br />2. In the Description of Operations section of the certificate form, along with the permit number, <br />Terror Creek LLC should be listed, instead of the Terror Creek Company. <br />3. The Division of Reclamation, Mining and Safety, not the DvisionyMinera alo`gy, <br />should be listed in the certificate holder section and anywhere else the is mention of <br />the form. <br />4. The cancellation policy only refers to delivery of a notification of cancellation before the <br />expiration date, in accordance with the policy provisions. It is not stated on the form what the <br />policy provisions are. The cancellation policy should include the rider described in Rule <br />2.03.9(3). The rider should require that the insurer notify the Division whenever substantive <br />changes, termination or failure to renew the policy occur. <br />Office of <br />Mined Land Reclamation <br />Office of <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />