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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 />Date: July 6, 2011 <br />To: Johanna Cramer <br />From: Joe Dudash <br />RE: Terror Creek Loadout, Permit No. C -1983 -059, Terror Creek LLC <br />Minor Revision No. 26, 2011 Midterm Updates, Request for Assistance <br />STATE OF COLORADO <br />I am requesting your assistance in an AVS matter concerning the Terror Creek Loadout. As a <br />reminder, Minor Revision No. 26 had been submitted in order to incorporate the 2011 Midterm <br />changes into the permit application. The Division called MR -26 incomplete because additional <br />information was needed concerning a change in the organizational structure. Crestview -Oxbow <br />Acquisition LLC owns 22.11% of Oxbow Carbon LLC but no list of officers and directors was <br />provided. The Division called MR -26 incomplete and requested additional information. <br />John W. Hickenlooper <br />Govemor <br />Mike King <br />Executive Director <br />Loretta E. Pitleda <br />Director <br />Rather than provide a list of officers and directors for Crestview - Oxbow, TCLLC has submitted a <br />certification that states that Crestview -Oxbow does not control the Terror Creek Loadout operations. A <br />copy of this certification statement is attached. I am requesting that you determine if this certification <br />statement satisfies Rule 2.03.4(3) and Rule 1.04(83a)(b). <br />Also, since there was a change in the ownership and control information submitted in MR -26 from that <br />submitted in the 2011 Midterm, I would like you to check to make sure AVS has been updated <br />appropriately with the MR -26 information. Attached are the pertinent ownership and control revised <br />pages for MR -26. <br />Attachments <br />c: /word2007 /terror /mr26memo 1 <br />Office of <br />A A:nn.I I -.net Onn /,•,finn <br />rlPnw.r • (:ranr111 Inrtinn • fliirinpn <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />— &I— <br />SAFETY <br />Office of <br />Arrive. an(11nartive Mines <br />