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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 />February 10, 2009 <br />COLORADO <br />D I V I S ION OF <br />FICLAMATION <br />MINING <br />SAFETY <br /> Bill! Ritter, Jr. <br /> <br />James A. Kiger Governor <br /> <br />Environmental Manager Harris D. Sherman <br />i <br />Di <br />E <br /> ve <br />rector <br />xecut <br />Oxbow Mining, LLC. Ronald W. Cattany <br />P.O. Box 535 Division Director <br />Somerset, Colorado 81434 Natural Resource Trustee <br />Re: Terror Creek Loadout, Permit No. C-83-059, Terror Creek Company <br />Minor Revision No. 25, Ownership and Control Information, Second Adequacy Review <br />Dear Mr. Kiger: <br />The Colorado Division of Reclamation, Mining and Safety (Division) has finished its adequacy <br />review of Terror Creek LLC's submittal dated January 23, 2009 for Minor Revision No. 25 for <br />the Terror Creek Loadout. The submittal was in response to the Division's first adequacy review <br />letter dated January 9, 2009. The Division reviewed the information and found that all of the <br />ownership and control issues were resolved. In order to avoid any confusion in the future, <br />however, the Division has one request concerning item number 4. <br />4. Edwin L. Merwin was End Dated on June 8, 2007 and the PAP page 2.0306 was updated. <br />However, since he was End Dated, he does not need to be listed on the PAP page 2.03-6. <br />Please remove the name of Edwin L. Merwin from revised page 2.03-6. <br />The Division understands that the three certificates of deposit that currently comprise the <br />reclamation bond for the Terror Creek Loadout will be replaced with a corporate surety under the <br />name of Terror Creek LLC. The proposed decision for MR-25 will be delayed until an <br />acceptable corporate surety is received and approved by the Division. <br />If you have any questions, please call. <br />Sincerely, <br />f <br />4-,4oseph J. D idash <br />Environmental Protection Specialist <br />c:\word\terror\mr25adeg2 <br />Office of office of <br />AA:ncd 1 -A anrl,,. f;-n F-1.-., A-::,,- --A b,.,,.a:.... AA:....?