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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: August 23, 2011 <br />To: Susan Burgmaier <br />From: Joe Dudash <br />RE: Terror Creek'oadout, Permit No. C- 1983 -059, Terror Creek LLC <br />Minor Revision No. 26, 2011 Midterm Updates, Request for Assistance <br />I am requesting your assistance in the review of certain ownership and control information that was <br />sent in an email dated August 18, 2011 by Terror Creek LLC (TCLLC) for the Terror Creek Loadout. <br />As had been requested by the Division in a letter dated August 5, 2011, TCLLC has submitted a <br />corporate certification acknowledging that Crestview -Oxbow Acquisition, LLC does not control the <br />Terror Creek Loadout operations. I am requesting that you determine if this .certification statement <br />satisfies Rule 2.03.4(3) and Rule 1.04(83a)(b). I have also asked Jim Kiger to follow up with a hard <br />copy of the certification. <br />As a reminder, Minor Revision No. 26 had been submitted in order to update the permit application <br />with the 2011 Midterm changes. Included in MR -26 was revised ownership and control information. <br />However, even though Crestview -Oxbow Acquisition LLC owns 22.11% of Oxbow Carbon LLC, <br />TCLLC elected to show that Crestview -Oxbow did not control the Terror Creek Loadout operations, <br />rather than provide a list of officers and directors. <br />Concerning the other ownership and control information for MR -26, Johanna already checked it out. In <br />a memo dated July 15, 2011, Johanna stated that she had checked the AVS and the ownership and <br />control information supplied with the MR -26 information was current. The only outstanding issue <br />concerned the corporate certification for Crestview - Oxbow. <br />If you need any additional information, please let me know. Thanks for your assistance. <br />Attachment <br />Office of <br />AA inu'4 /te ran <br />c: /word2007 /terror /mr26memo2 <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 />Govemor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />Office of <br />nonv•r • Grand function • Durango Active and inactive Mines <br />