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August 5, 2010 <br />Via certified mail <br />GCC Energy LLC <br />Mr. Trent Peterson <br />P.O. BOX 100 <br />Tijeras, NM 87059 <br />Re: King Coal Mine, Hesperus, Colorado <br />Dear Mr. Peterson: <br />It has come to our attention that the property located at 3473 CR 120, Hesperus; CO, which is <br />owned by the State of Colorado and leased by GCC Energy LLC ("GCC"), has operations that <br />were not permitted by La Plata County (the "County'). Based on investigation, GCC is <br />operating a coal mining and processing operation without any record of proper County land use <br />approval. This is a violation of Section 82-4 of the La Plata County Land Use Code ("LPLUC"). <br />Section 82-4 requires a Class II land use permit for commercial operations and mineral <br />extraction operations. To prevent future legal action, please contact me by August 31, 2010, to <br />discuss the process for gaining compliance with the LPLUC. <br />I look forward to discussing with you the process for bringing GCC's operation into compliance <br />with the LPLUC. <br />Sincerely, <br />LA PLATA COUNTY ATTORNEY'S OFFICE <br />TWI Win.► <br />Paul Kosnik <br />Directe-mail: kosnik(?Ipcattomey.org <br />Cc: Erick Aune, La Plata County Planning Department Director <br />Jim Davis, La Plata County Public Works Department Director <br />Marianna Spishock, La Plata County Code Enforcement Officer <br />(4900:0700 00005979.DOC 1) <br />