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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />7373 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />fAX: (303) 832-8106 <br />December 17, 2004 <br />COLORADO <br />DIVISION O F <br />MINESRALS <br />GEOLOGY <br />0.ECLAMATION•MINING <br />SAPETY•SCIENCE <br />MS. Danna Ortiz Bill Owens <br />Civil Resources <br />LLC / Governor <br />, <br />451 Oak St., Ste. 209 Russell George <br />P.O. Box 680 Executive Director <br />Frederick, CO 80530 Ronald W. Cattarry <br />/ <br />/ Division DlreClOr <br />s <br />T <br />tee <br />~ ~ N <br />t <br />l R <br />Re: SW TKO Joint Venture, LLC, Lupton bakes Resource, lSle e <br />ource <br />rus <br />a <br />ura <br />No. M-2004-078, Incomplete 112 Construction <br />Materials Reclamation Permit Application Package <br />Dear Ms. Ortiz: <br />On December 9, 2004, the Division of Minerals and Geology received your 112 Construction Materials Reclamation Permit <br />Application package for the Lupton Lakes Resource, File No. M-2004-078. Preliminary review of the information received <br />determined that the following items must be received before the Division can consider your application as being submitted and <br />technical review can begin: <br />F.XAIBTT N - Snnrce ni iP,ga1 Right to F.ntnr (girte ~_a.tdl~ You must provide the source of your legal right to enter <br />and initiate a mining operation on the affected land. The Contract to Buy and Sell Real Estate between the various <br />property owners does not grant SW TKO Joint Venture, LLC permission to enter and initiate a mining operation on the <br />affected land at the time the application is submitted to the Division of Minerals and Geology. The Division cannot accept <br />the Contract to Buy and Sel] Real Estate as the source of Right -to-Enter. The Division can accept a signed notarized <br />statement from the current landowners allowing S W TKO Joint Venture, LLC permission to enter and initiate a mining <br />operation on the affected lands. <br />Your application will not be considered submitted until the informaton listed above is received and found sufficient to begin our <br />review. A decision date will be established 90 days from the date of receipt of all of the requested information. Additionally, if <br />you have already published notice you will need to republish notice, after the Division considers the application submitted. This <br />notice must be published once a week for four (4) consecutive weeks, starting within ten (10) days of the date your application is <br />considered submitted. We will notify you when you should initiate republication of your notice. The final date for receiving <br />commems is the 20th day after the fourth publication or the next regulaz business day. <br />You have sixty (60) days from the above date to submit all necessary documents that the Office needs for an application to be <br />considered filed. Tt; at the end of the sixty day period, the application has not been determined to be filed with the Office, the <br />Office shall deny the application and terminate the application file. <br />This letter shall not be construed to mean that there are no other technical deficiencies in your application. The Division will <br />review your application to determine whether it is adequate to meet the requirements of the Act after submittal of all required <br />items. <br />Sincerely, <br />1~~~-~-- ~• ~j°pa~- <br />Barbara. D. Chiappone <br />Muterals Division Program Assistam II <br />ce: Mark D. Canpbell, SW TKO Joint Venture, LLC <br />Office of Office of Colorado <br />Miner) Land Reclamation Active and Inactive Mines Geolo¢ical Survev <br />