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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 C O L O RA D O <br />Denver, Colorado 80203 D 1 V I S 1 0 N O F <br />RAL S <br />MIN <br />Phone: (303) 866-3567 E <br />FAX: (303) 832-8106 G E O L O G Y <br /> AECLANATION•MINING <br /> SAFETY•EOIENCE <br />Apri122, 2005 BillOwens <br /> Governor <br />Mr, Mark D. Campbell Russell George <br />SW TKO Joint Venture, LLC Executive Director <br />333 W. Hampden Ave, Ste. 810 Ronald W. Cattany <br />Englewood, CO 801 IO DivrEion Director <br /> Natural Resource Trustee <br />RE: File No. M-2004-078; SW TKO Joint Venture, LLC. <br />Lupton Lakes Resource; DMG Recommendation of Approval with Conditions <br />Deaz Mr. Campbell, <br />The Division completed the required technical review of the adequacy concerns for the Lupton Lakes Resource <br />112c New Application submitted by S W TKO Joint Venture, LLC. The Division believes that the applicant <br />has complied with the minimum requirements of the Construction Materials Act and Regulations. The <br />Division is prepazed to recommend approval with conditions of the application to the Mined Land Reclamation <br />Boazd at the May 11-12, 2005 Boazd meeting. <br />Please also be reminded of the pre-hearing meeting scheduled for Apri129, 2005 at 1:00 p.m. located at 1313 <br />Sherman Stceet, Room 215, Denver, Colorado. Ms. Sandra Brown will preside as Pre-hearing Conference <br />Officer. The purpose of the Pre-hearing Conference is to describe the Office's review process, to explain <br />the rights and responsibilities of parties, to discuss and resolve issues to the extent possible, to describe <br />the Board Hearing processes, to determine the list of issues under the Board's jurisdiction and to simplify <br />the list, and to determine who has demonstrated standing to be a patty to the Formal Board Hearing. <br />Enclosed is the Division's rationale for recommendation for approval with conditions over objections. <br />Objectors may withdraw their comments prior to the start of the Boazd Meeting if they choose not to be a party <br />to this matter (must be in writing). If objections aze not withdrawn, all pertinent issues will be presented to the <br />Mined Land Reclamation Boazd at the May 11-12, 2005 meeting. <br />If you have any questions, please do not hesitate to call me at 303-866-4943. <br />Sin ely, <br />~~ <br />Erica Crosby <br />Environmental Protecfion alist <br />Enclosure; DMG Rationale for Recommendation with Conditions for Approval <br />cc: Bruce Humphries; DMG w/enclosure (via a-mail) <br />Caz] Mount; DMG w/enclosure (via a-mail) <br />Sandy Brown; DMG w/enclosure (via a-mail) <br />Steve Brown; AGO w/enclosure (via a-mail) <br />Tyson Powell; AGO w/enclosure (via a-mail) <br />Danny Ortiz; Civil Resources w/enclosure <br />All Parties & Interested Persons w/enclosure <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />