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<br />October 31, 2005 <br />.~~ ~ - <br />Mr. Russell George <br />Executive Director <br />Department of Natural Resources <br />1313 Sherman St, Room 718 <br />Denver, CO 80203 <br />RE: L/~upton La~k'es Resource, Pemut1 No. M - /2004 - /10!78 -r <br />Y (k~tc1%~~ lcr; 31~F -'C.11~/ l~ l,~F'1^.R.P~(.:-i'!~T <br />Deaz Mr. George: <br />RECEIVED <br />OCT 3 i 2005 <br />Division •f Minerals and Geology <br />~~ ~ '~-e~ <br />t`iiG ~ Gus ~ _$~¢,: <br />A mining permit was issued on October 17, 2005 by the Mined Land Reclamation Boazd <br />(NLRB) to SW TKO Joint Venture, LLC (developer). The developer's application to the NLRB <br />indicated that somewhere between one million to two million tons of aggregate per yeaz is <br />anticipated as a production level. Actual mining, involving movement of dirt, started on October <br />17, 2005 and is continuing. This commencement of mining placed SW TKO Joint Venture, LLC <br />in violation of Colorado Revised Statute 25-7-114,2 - i.e., commencing construction of a sand and <br />gravel mining operation without obtaining an air quality permit. <br />Being inviolation ofC.R.S. 25-7-114.2 also placed the developer in violation of the NLRB <br />permit stated above for the following two reasons: <br />1. Section G of the permit RECITALS states: "The issuance of this permit does not relieve the <br />Permittee from having to comply with all applicable Federal, State and County statutes, <br />including State Water Lane. " <br />2. In addition, in a May 3, 2005 letter to Mt. Mazk D. Campbell, signed by Erica Crosby, it <br />stated that "SW TKO Joint Venture, LLC has committed to obtaining Air Pollution and <br />Water Quality permits from the Colorado Department of Public Health and Environment. <br />It is State law that the Air Pollution Emission Notices are obtained prior to emittingfugitive <br />dust. <br />Attached is a copy of a letter addressed to the Air Pollution Control Division (APCD) of the <br />Colorado Depaztment of Public Health and Environment showing the location, extent of mining as <br />of October 22, 2005 and two notices of Public Hearing before the city of Fort Lupton. It appears that <br />