alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
From: Jackson, Anne

To: Aagenes, Jason D.

Cc: Fenske, Mary Jean Subject: Comments on UTAC scrubber cost estimate

Date: Friday, July 13, 2007 12:21:14 PM

Jason, Mary Jean asked me to finish up the cost estimate for this project. I am in the process of doing that, but thought I should try to answer your questions directly. I don’t see a “natural” place to address these questions in the cost writeup documentation, so I’m replying in this

email.

These are the comments Mary Jean passed on to me and Hal Taylor:

1) Since the proposed project is a major modification to the process and building, significant process downtime would be anticipated. Please include the economic cost of lost production on Line 2 during construction.

In the conduct of BACT analyses, EPA guidance directs BACT preparers to not include lost production time in the development of capital cost estimates for retrofit projects. Because we are preparing and comparing pollution control alternatives in the same manner as a BACT analysis, lost production costs will not be included in this estimate.

2) Verify that complete water treatment costs for removal of fluorides, sulfates, etc. are included (capital, O&M) for blowdown water. I’m concerned that, over time, untreated blowdown water reporting to the tailings basin would significantly deteriorate our process water quality.

I spoke to John Engesser about the need for additional blowdown water treatment. John reports that as long as the water in the scrubber recirculation system is treated with lime, it will be removing sulfates and fluorides which will be landfilled with the solids and not represent a tailing pond water problem. Chlorides will continue to build, but would take several decades to reach levels of concern (and still be below drinking water standards).

No additional units are included in the cost estimate for water treatment.

3) Verify that proper sized process air fans are included in the design as well as increased

electrical demand. A critical component of maintaining production is ensuring that sufficient air remains available to the grate/kiln. With an increased pressure drop expected for this type of scrubber, the process air fans and motors may need to be upgraded.

The cost proposal includes two new ID fans and motors, and are assumed to be properly sized. Power

use is included in the annual costs.

Anne M. Jackson, P.E. Minnesota Pollution Control Agency ph: (651) 296-7949
Exhibit 10.36



AMENDMENT TO NON-REVOLVING CREDIT LINE LOAN AGREEMENT



BY THIS AMENDMENT, entered into on the 4th day of September 2002, to the  AGREEMENT made and entered into as of the 4th day of September, 2001, AZCO MINING INC., a Delaware corporation, whose address is 7239 North El Mirage Road, Glendale, Arizona (hereinafter called "Borrower"), and Luis Barrenchea, Trustee under Declaration of Trust dated July 6, 1987, whose address is 10121 Sunkist circle, villa Park, California (hereinafter called "Lender"), for and in consideration of the recitals and mutual promises contained herein, confirm and agree as follows:



SECTION 1.

GENERAL TERMS



1.1

Lender agrees to extend the term of the September 4, 2001, $200,000 loan an additional year, whereby the principal amount payable will be due September 3, 2003.



1.2

This amendment shall be evidenced by a Non-Revolving Credit Line Note in the form attached hereto as Exhibit A (the "Note") of Borrower, executed and delivered simultaneously with the execution of this Amendment, in the face amount of $200,000, payable to Lender upon the terms and conditions contained therein.



1.3

The Note replaces the note executed in conjunction with the September 4, 2001 non-revolving credit loan agreement.



1.4

In consideration of the extension of the September 4, 2001 loan an additional year, Borrower shall extend the term of the warrant, issued in conjunction with the September 4, 2001 loan an additional year through September 4, 2003.  This amended warrant for the purchase of 250,000 shares of Borrower's common stock is attached hereto as Exhibit B (the "Warrant"), and Borrower and Lender shall enter into a Registration Rights Agreement in substantially the form attached hereto as Exhibit C.



IN WITNESS WHEREOF, these presents are executed as of the date indicated above.



BORROWER



AZCO MINING INC., a Delaware corporation



By:  ____/s/ Ryan Modesto_______________________

Its:  Vice President - Finance



LENDER

/s/ Luis Barrenchea



Luis Barrenchea

QBPHX\130925.30000\1511975.4

1
----

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**Exhibit        32**

**CERTIFICATION        PURSUANT TO**

**18        U.S.C. SECTION 1350**

|   | (1) | the                  Registrant’s Report on Form 10-Q for the period ended March 31, 2007, as                  filed with the Securities and Exchange Commission on the date hereof                  (the                  “Report”), fully complies with the applicable requirements of Section                  13(a) or Section 15(d) of the Securities Exchange Act of 1934;                  and |
|--------|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (2) | the                  information contained in the Report fairly presents, in all material                  respects, the financial condition and results of operations of                  the                  Registrant. |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| */s/                  Michael V. Shustek*           |
|-----------------------------------------------------|
| Michael                  V. Shustek                 |
| Chief                  Executive Officer            |
| of                  Vestin Realty Mortgage II, Inc. |

| */s/                  Rocio Revollo*                |
|-----------------------------------------------------|
| Rocio                  Revollo                      |
| Chief                  Financial Officer            |
| of                  Vestin Realty Mortgage II, Inc. |
#### William McNEIL, Appellant, v. STATE of Alaska, Appellee.

No. A-2988.

Court of Appeals of Alaska.

Feb. 23, 1990.

*1037Jeffery D. Mahlen, Asst. Public Defender, and John B. Salemi, Public Defender, Anchorage, for appellant.

R. Bruce Roberts, Asst. Dist. Atty., Dwayne W. McConnell, Dist. Atty., Anchorage, and Douglas B. Baily, Atty. Gen., Juneau, for appellee.

Before BRYNER, C.J., and COATS and SINGLETON, JJ.

OPINION

BRYNER, Chief Judge.

William McNeil was convicted after pleading no contest to a charge of driving while his license was suspended (DWLS). McNeil reserved the right to appeal the district court’s denial of a motion to suppress evidence in which he argued his arrest violated the Posse Comitatus Act. We affirm.

On February 14, 1989, Sergeant Jesus Perusquia, a military police officer, was on duty at the Fort Richardson military reservation when he saw McNeil driving in an erratic manner on a portion of the Glenn Highway which crosses military property.1 Perusquia suspected that McNeil might be intoxicated and stopped him. After speaking with McNeil, Perusquia decided that McNeil was not intoxicated. Perusquia ran a computer cheek on McNeil’s driver’s license, however, and learned that it was suspended. He then contacted the Alaska State Troopers, who arrested McNeil for DWLS.

McNeil argued below, and he contends on appeal, that Perusquia violated the Posse Comitatus Act, 18 U.S.C. § 1385 (1988):

> Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined not more than $10,000 or imprisoned not more than two years, or both.

It is well settled, however, that the Posse Comitatus Act is not violated when military officers pursue a legitimate and independent military purpose. *Harker v. State,*663 P.2d 932, 935-37 (Alaska 1983); *Moon v. State,*785 P.2d 45 (Alaska App.1990); *Anchorage v. King,*754 P.2d 283, 285-86 (Alaska App.1988). In this case, Perusquia had a right to patrol the portion of the Glenn Highway on which McNeil was travelling. He stopped McNeil in order to protect motorists travelling on military property from the danger of intoxicated drivers. Accordingly, Perusquia acted with legitimate military purpose. *See King,*754 P.2d at 286. Moreover, Perusq-uia’s decision to stop McNeil was not prompted by a request from the police. Thus, there was no willful use of military personnel by civilian law enforcement authorities. We find no violation of the Posse Comitatus Act.

McNeil’s conviction is AFFIRMED.

1

. The record establishes that the Glenn Highway crosses the Fort Richardson military reservation along an easement granted to the State of Alaska by the Secretary of the Army. The express terms of the easement authorize both civilian and military personnel to patrol the portion of the highway that crosses the military reservation.
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Exhibit 32.2



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report of PW Eagle, Inc. (the Company) on Form 10-K for the year ended December 31, 2005 as filed with the Securities and Exchange Commission (the Report), I, Scott Long, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



Dated: March 28, 2006



/s/    SCOTT LONGScott Long Chief Financial Officer




66
**Exhibit 32.2**

 

**CERTIFICATIONPURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTEDPURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

In connectionwith the Quarterly Report of NewPage Corporation (the “Company”) on Form 10-Qfor the period ending June 30, 2005 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Matthew L. Jesch,Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350,as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that to myknowledge:

 

(1)           TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

(2)           Theinformation contained in the Report fairly presents, in all material respects,the financial position and results of operations of the Company.

 

 
| /s/ Matthew L. Jesch    |   |
|-------------------------|--------|
| Matthew L. Jesch        |
| Chief Financial Officer |
| August 15, 2005    |

 

----
Exhibit
23.1





CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM




We hereby
consent to the incorporation by reference in the Registration Statement on Form
S-8 (No’s. 333-157479, 333-151139, 333-147678 and 333-143050) and Form SB-2
(No’s. 333-142599 and 333-143127) of YTB International, Inc. (the “Company”) of our
report dated March 16, 2009, on the consolidated financial statements of the
Company for the years ended December 31, 2008, 2007 and 2006, and internal
control over financial reporting as of December 31, 2008, which appear in the
Company’s Annual Report on Form 10-K for the year ended December 31,
2008.




/s/UHY
LLP




St.
Louis, Missouri


March 16,
2009
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Exhibit 32.1

NTELOS HOLDINGS CORP.

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED
PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report of NTELOS HOLDINGS CORP. (the Company) on Form 10-Q for the three and nine months ended
September 30, 2007 (the Report), I, James S. Quarforth, Chief Executive Officer and President of the Company, do hereby certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
to my knowledge that:

(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934, as amended; and

(2) The information contained in the Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.



By:

/s/ James S. QuarforthJames S. QuarforthChief Executive Officer, President and Chairman of the Board of Directors


November 9, 2007
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