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~- Zo O t-I o r7 8' October 24, Zoos Bob Jorgenson CDPHE - APCD - SS-B1 4300 Cherry Creek Drive South Denver, Colorado 80246-1s30 RECEIVED OCT 2 4 2005 Division ~f Minerals end Gen' Dear Mr. Jorgenson: S W TKO Joint Venture, LLC is in violation of Colorado Revised Statute 25-7-114.2 for the following reason: 1. Commencing constnution of a sand and gravel mining operation without obtaining an air quality permit. This mining operation, Adams Sand and Gravel Mine, is located approximately one mile south of Fort Lupton and extends for almost two miles in a north/south direction between US Highway 8s and Weld County Road 27. This operation is contained within Sections 18 & 19, Township 1, Range 66 West. The area is shown on the attached Index Map. The activity qualifies as a mining operation since the developer has applied for and obtained a mining permit (Filing Number M-2004-078, dated June 21, 2005)) from the Mined Land Reclamation Board (MI,RB) through the Division of Minerals and Geology. Attached are photographs that show the mining equipment and their location on the mining tract that are being used by the developer. The developer has started mining operations with the use of this equipment. The earth movement operations constitutes the commencement of mining activities on this tract. The company is also in violation of their MLRB pemut since they are starting construction without cazrying out this permit's requirements. This permit requires the developer to: 1) obtain an air quality permit from the APCD, and 2) to conduct well and groundwater testing and submit these results to us; these processes were not accomplished prior to mining activities. We have been told that S W TKO Joint Ventures, LLC after failing to obtain a mining permit from Weld County, proceeded to have the land annexed into the city of Fort Lupton which then allowed them to proceed with their mining plans.