PERMFILE63882

• Permit No: M2004078
• IBM Index Class Name: Permit File
• Doc Date: 4/8/2005
• Doc Name: Adequacy Review #2
• From: DMG
• To: SW TKO Joint Venture LLC
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
April 8, 2005
Mr. Mark D. Campbell
SW TKO Joint Venture, LLC
333 W. Hampden Ave, Ste. 810
Englewood, CO 80110
RE: SW TKO Joint Venture, LLC, Application No. M-2004-078
Lupton Lakes Resource; Adequacy Review #2
Dear Mr. Campbell,
COLORADO
DIVISION OF
MINESRALS
GEOLOGY
EAiETY•SCIENCE
Bill Owens
Governor
Russell George
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
The Division received your adequacy responses on Mazch 30, 2005 for the Lupton Lakes Resource New
112 Application, Permit Number M-2004-078. The Division has some additional concerns that need to
be addressed by the applicant. The Division is required to make an approval or denial decision no later
than April 19, 2005, therefore, your response to the following adequacy review concerns should be
submitted to the Division as soon as possible.
1. (previous question #1) Rule 1.6.2 (1)(g) requires proof of required notice by submitting return
receipts of Certified Mailing or by proof of personal service. The applicant submitted the certified
mail receipts to the Division for proof of notice. Please submit the return receipts of certified
mailings to all owners of record of surface lands, easement holders, and owners of record of surface
lands that aze within 200 feet of the boundary of the affected land. The proof of notice may be return
receipts of a Certified Mailing or by proof of persona] service. Please be awaze that for any owners
that did not previously received notice, the notice requirements of Rule 1.6.2(1)(e) required that a 41-
daycomment period be allowed. This would be applicable to newly affected aeeas within the water
recharge areas and the newly added ditches.
2. (previous question #1) As previously requested, please submit the proof of the publication required by
Rule 1.6.2(1)(d) to the Office. Proof of publication may consist of either a copy of the last newspaper
publication, to include the date published, or a notarized statement from the paper (Rule 1.6.6).
3. As required by Rule 1.6.2(2), please submit documentation that adequacy responses and changes
made to the application have been placed with the County Clerk and Recorder.
4. Please idenfify the property owner south of WCR 6. On Exhibit 2 of 7 it is currently listed as
"Property Zone 1-3 for sale." This area is depicted as the location of a recharge well, and has such
been included in the permit boundary. Please submit legal-right-of--entry for the property that
includes the rechazge well and submit proof of notice as required by Rule 1.6.2 (1)(g).
5. On the revised Exhibit 3 of 7, three ditches have been included in the permit boundary; the McCanne
Ditch, the Porter Seepage Ditch and the Ogilvie Seepage Ditch. Please submit applicable
documentation of all notice requirements and legal right of entry. Please also inform the Division as
to why the ditches were included within the permit boundary.
6. The applicant has included a number of aeeas within the permit azea that will increase the acreage of
the affected land. Tn particulaz, the three areas of the approximate location of the rechazge wells, and
the McCanne Ditch, Ogilvie Seepage Ditch and the Porter Seepage Ditch. The operator will need to
Office of Office of Colorado
Mined Land Reclamation ARive and Inactive Mines Geological Survey