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Division of Reclamation, Mining and Safety <br />August 26, 2014 <br />Page 3 of 4 <br />respective roads. Also, it is not possible that the subdivision roads would need the amount of <br />gravel to be produced under the Application. <br />Last, and of great significance, as part of Luke the Duke, LLC's Application, the applicant <br />certified on July 10, 2014 that "all necessary approvals from local government have been applied <br />for (Section 34- 32.5- 110(1)(a)(VIII)." The applicant states that it "is currently awaiting a <br />determination by the La Plata County Code Enforcement Division to see if a Class 11 Land Use <br />Application is required." The Code itself clearly requires a Class II permit for gravel operations <br />(See La Plata County Land Use Code "LPLUC ", Section 82 -4 (a)(10)) and the County has <br />indicated that it will require such permit for applicant's operation here. On August 8, 2014, <br />undersigned received the following message from Marianna Spishock, La Plata County's Code <br />Enforcement Officer: <br />"I spoke with the County Attorney's Office this morning regarding Mr. Avery - <br />and the mining permit required by DRMS. The County Attorney's Office sent a <br />letter to DRMS today requesting that DRMS include a condition in its Order that <br />Mr. Avery must obtain a County land use permit prior to continuing mining <br />related activities on the site. Regardless of whether or not the DRMS Order <br />includes the County's requested condition, the County will require Mr. Avery to <br />obtain a land use permit for mining related activities on the site." <br />As of August 22, 2014, a call was placed to the La Plata County Planning Office, and it was <br />determined that no application had been made for the requisite Class II Permit as provided for in <br />the La Plata County Land Use Code. <br />Therefore, Luke the Duke, LLC's Application is incomplete, nor is a reclamation permit <br />warranted or appropriate pursuant to law under these circumstances in that it fails to protect the <br />health, safety and general welfare of the adjacent landowners as set forth in C.R.S. § 34 -32 -102, <br />as amended. <br />Thank you very much for your attention to these matters. Should you have any questions or <br />concerns, please do not hesitate to contact me. <br />Sincerely, <br />GOLDMAN, ROBBINS & NICHOLSON, P.C. <br />Michael A. Goldman <br />Direct e-mail: goldman @gm - law.com <br />MAG/le <br />