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March 17, 2005 <br />Mr. Bill Wallace, Attorney <br />C/o City of Fort Lupton <br />130 South McKinley Avenue <br />P.O. Box 148 <br />Fort Lupton, CO 80621 <br />RE: Legal Right To Enter and Consent for Conveyor Crossing, Reservoir Interconnect <br />and Pipeline for Recharge Wetls for Lupton Lakes Division of Minerals and Geology <br />Permit M-2004.078 <br />Dear Mr. Wallace: <br />As you are aware, the Division of Minerals and Geology (DMG) is currently reviewing the proposed <br />Lupton Lakes aggregate mining operation and water storage reservoir project. Per our discussion, <br />the DMG is requiring SW TKO Joint Venture Partnership, LLC (SW TKO) to include these locations <br />within the DMG permit boundary. The DMG is also requiring SW TKO to obtain proof that the Clty <br />will allow SW TKO to conduct the following: <br />1. Construct, operate and maintain covered conveyor crossings over Weld County Road <br />(WCR) 8 and WCR 6'/<. <br />2. Construct, operate and maintain a pipeline under WCR 8 to connect the two proposed <br />reservoirs. This will likely be located near the conveyor crossing locations. <br />3. Construct, operate and maintain the following pipelines to recharge nearby wells: 2 <br />pipeline crossings under WCR 27 and 1 pipeline crossing under WCR 6. <br />Please sign below, acknowledging that SW TKO has the legal right to conduct the above activities. <br />Thank you again for working with us on this project. <br />