2011-10-17_REVISION - C1996083 (2)

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Hernandez, Alysha From: Burgmaier, Susan Sent: Monday, October 17, 2011 2:13 PM To: Dudash, Joe Cc: Hernandez, Alysha Subject: Bowie No. 2 Mine (C1996083) RN3 AVS Check Attachments: bowie RN3 ays1.pdf Joe — per your request I conducted an AVS check for the RN3 application at the Bowie No. 2 Mine. The ownership and control information provided by the operator is consistent with the information in AVS, so we will not need to request any updates to the ownership and control section of the permit application package. I ran an AVS check that reported three violations linked to Bowie Resources, LLC through Jeffrey Krol of C &K Bowie, LLC. C &K Bowie is a 10% owner of Cedars Energy, which is the sole owner of Bowie Resources, LLC. Jeffrey Krol is a 50% owner of C &K Bowie, LLC, which would suggest that he owns 5% of Bowie Resources, LLC. Rule 1.04(83a)(b) states that ownership or control is presumed when a person owns between 10 and 50 percent ownership or voting stock of an entity. Therefore, Jeffrey Krol would not be considered an owner or controller of Bowie Resources, LLC and his relationship with Bowie Resources, LLC will not impair our ability to issue a renewal for the Bowie No. 2 Mine. The reports from the AVS checks are attached. Susan L. Burgmaier Environmental Protection Specialist Colorado Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 Denver CO 80203 303 - 866 -3567 x 8111