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~ Y'uJC <br />STATE OF <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 86(x3567 <br />FAX: (303) 832-0106 <br />v <br />November 1, 2005 <br />Jerry and Georgia Landrus <br />12679 WCR 8'/i <br />Fort Lupton, CO 80621 <br />(! <br />RE: SW TKO Joint Venture, LLC, Permit No. M-2004-078 <br />Lupton Lakes Resowce; Letter of Complaint <br />Deaz Jerry and Georgia Landrus, <br />esG <br />Bill Owens <br />Goremor <br />Russell George <br />ExKUtire Director <br />SAiETY•ECIENCE <br />OLORADO <br />I V I S I D N O F <br />INEgRALS <br />EOLOGY <br />Ronatd W. Cattany <br />Division DirECTOr <br />Natural Resourrn Trustee <br />The Division of Minerals and Geology ("Division") received yow letter dated October 31, 2005 regarding <br />the Lupton Lakes Resowce 112 Sand and Gravel Mine, Permit No. M-2004-005. A copy of the letter will <br />be forwarded to the operator, SW TKO Joint Venture, LLC. <br />ht your letter you state that S W TKO Joint Venture, LLC. is in violation of Colorado Revised Statute 25- <br />7-114.2 for commencing the sand and gravel mining operation without obtaining an air quality permit <br />which ultimately puts the operator in violation of the MLRB permit. Please be aware that it is the <br />®E~responsibility of the operator to obtain all of the necessary permits prior to commencing the mining <br />activity, which would include obtaining an air quality permit. An air quality emissions permit is issued <br />by the Colorado Department of Public Health and the Environment ("CDPHE"). It is, therefore, the <br />responsibility of the CDPHE to enforce their rules and regulations and site the operator for any possible <br />violations for failure to obtain the required permit. <br />I13 regazd to a violation of the MLRB permit, Rule 6.4,13 of the Construction Materials Rules and <br />Regulations requires that the operator provide a statement identifying which of the following permits, <br />licenses and approvals the Operator/Applicant holds or will be seeking in order fo conduct the proposed <br />mining and reclamation operations. The operator did state during the 112 construction material <br />application process that they would commit to obtaining Air Pollution and Water Quaiity Permits from <br />the CDPHE. Failwe to obtain the permit from CDPHE does not constitute a violation of the Construction <br />Material Rules and Regulations w the Act. However, issuance of the MLRB permit does not relieve the <br />operator from having to comply will all applicable Federal, State and County statues including State <br />Water Law. The Division will forward yow letter to the CDPHE for their consideration. <br />If you have any questions, please do not hesitate to call me at 303-866-3567. _~,,, „_ <br />••.~,..,, Sincerely, <br />Bruce H. Humphries <br />Minerals Program Supervisor <br />Office of Office of <br />