2014-06-16_ENFORCEMENT - M2013036 (3)

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Luke the Duke, LLC 989 CR 120 Hesperus, CO 81326 (970) 749-9977 June 16,2014 JUIV Russ Means Senior Environmental Protection Specialist West Slope Field Office Supervisor Colorado Division of Reclamation Mining and Safety 1313 Sherman Street, Room 215 Denver, CO 80203 Dear Mr. Means: This letter concerns Luke the Duke,LLC's(LTD)gravel and material operation located on LTD's property off of CR 120 adjacent to Cross Creek Ranch("the Property"). The information I previously submitted on the Division's form Need for State Reclamation Permit M-2013-036 in July, 2013 indicated that LTD's operation would extend over approximately 5 acres, would be approximately 16 feet deep, and would involve removing approximately 10,000+ cubic yards of material. After submitting this information on the project, LTD received the letter from you dated July 11,2013 stating that a permit was not necessary. Based on that letter,and my various meetings with Kate Pickford, who has performed several inspections of the site and who I have kept in the loop throughout this project, I believed I did not need a permit for the current scope of the project, as the pit only covers 1.25 acre, and I still intend to turn the pit into a pond when the material is removed. I was therefore very surprised when I received the Division's letter dated June 5,2014. I understand from our discussions and from talking to Geoff Craig that you believe a Division permit is now required for LTD's project. I have cooperated with the Division in the past and I will continue to cooperate. I have ceased operations, I am agreeable to obtaining a permit, and I am agreeable to not removing further material from the site until a permit has been issued. I will move forward with putting the permit application materials together, and will be in touch with you as I proceed. As I explained on the phone,several families have been put out of work on this project,and building construction,and related employment on CrossCreek Ranch has been stalled until a permit is issued. I therefore respectfully request that the Division move swiftly in issuing the permit after the required application materials are received. Thanks you for your assistance with this process and project.