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STATE OF COLORADO <br />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 />19 February 2013 <br />Jim Kiger <br />Oxbow Mining, LLC <br />PO Box 535 <br />Somerset, CO 81434 <br />Re: Terror Creek Loadout (Permit No. C- 1983 -059) <br />Permit Renewal 06 <br />Preliminary Adequacy Review <br />Dear Mr. Kiger: <br />COLORADO <br />ID IV I S I O N O F <br />RECLAMATION <br />MINING <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />The Division has received the application for Permit Renewal 06 for the Terror Creek Loadout. <br />The application was received on 12 December 2012 and deemed complete on 21 December 2012. <br />Thank you for your timely submittal of the Permit Renewal 06 application. <br />Pursuant to Rule 2.08.5(3)(f), an application for renewal must be received by the Division no <br />later than 180 days prior to permit expiration in order for the operator to maintain the right of <br />successive renewal. The Terror Creek Loadout's permit expires on 23 August 2013. Based on <br />the permit's expiration date, the Division must have received the Terror Creek Loadout's <br />complete application no later than 24 February 2013. Since the Division received a complete <br />application for renewal prior to this date (received on 12 December 2012 and deemed complete <br />on 21 December 2012), the Terror Creek Loadout retains the right of successive renewal for Coal <br />Mining Permit No. C- 1983 -059. <br />Based on the Division's review of the materials submitted with the application for Permit <br />Renewal 06 and based on a review of the approved Permit, the Division has the following <br />adequacy comments and questions. <br />Rule 2.03.4 — Identification of Interests <br />1. Based on the Division's preliminary check of the Applicant Violator System (AVS), the <br />following discrepancies were found. Please provide certified documentation regarding the <br />following officers including their current position, their start date and, iffapplicable, their <br />end date. <br />a. For Oxbow US Coal LLC, the following people were listed on AVS but not listed on <br />the Directors /Officers Report: Randy Litwiller is listed as Vice President beginning <br />on 12/14/2011. M W Ludlow as Executive Vice President beginning on 12/14/2011. <br />The following people were listed in the Directors /Officers Report but not in the AVS <br />report: Richard P. Callahan is listed as Manager beginning 12/10/2010. Zachary K <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />