Laserfiche WebLink
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 />Date: July 15, 2011 <br />To: Joe Dudash <br />From: Johanna Cramer <br />Office of <br />Mined Land Reclamation <br />Re: Terror Creek Loadout, Permit No. C- 1983 -059, Terror Creek LLC <br />MR -26, 2011 Midterm Updates <br />Response Memo <br />I have also checked AVS and it is current with MR26 information. <br />M: \coal \jrc\AVS \TerrorCreek MR26ResponseMemo.docx <br />STATE OF COLORADO <br />After reviewing the letter submitted by Oxbow Carbon LLC, I do not find the certification satisfactory. <br />One, per Rule 1.04.3(83a) and 2.03.4(3) the company has not submitted the officers and directors for <br />Crestview -Oxbow Acquisition, LLC (Crestview) which are needed for AVS. Two, I believe they did <br />not submit enough evidence to show they do not own or control Terror Creek LLC. Crestview might <br />only have a minority interest, but by our rules, 10 to 50 percent is owning of record, which means they <br />could still control Terror Creek. Oxbow Carbon only has one sentence stating that Crestview does not <br />determine the manner in which Terror Creek loadout operations are conducted. I would like to see <br />more evidence that Crestview cannot determine the manner of Terror Creeks operations. <br />I would like to see a letter with a Board Resolution or By Laws stating that Crestview can not commit <br />the financial or real property assets or working resources of Terror Creek along with the fact they do <br />not control Terror Creek's operations. <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &— <br />SAF ETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />Office of <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />