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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Na[ural Resources <br />1313 Sherman 5t., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />Mr. Mark D. Campbell <br />SW TKO Joint Venture, LLC <br />333 W. Hampden Ave, Ste. 810 <br />Englewood, CO 80110 <br />Bill Owens <br />Governor <br />RE: SW TKO Joint Venture, LLC, Application No. M-2004-078 <br />Lupton Lakes Resource; Dewatering and Slope Stability Letters of May 9, 2005 <br />Dear Mr. Campbell, <br />COLORADO <br />DIVISION OE <br />MIN SRALS <br />GEOLOGY <br />aECLANATIOWMINING <br />SAf ETySCIFN CE <br />Russell George <br />EzecNive Director <br />Ronald W. Cattany <br />Division Director <br />Natural Resource Trustee <br />The Division received two letters via e-mail from Civit Resources on May 9, 2005 regarding dewatering <br />mine water through CDOT culverts and new and previously presented information regarding slope stability <br />for slopes that parallel US Highway 85. <br />Please be aware that these letters have been received after the required date to exchange wifiesses and <br />exhibits in accordance with the Pre-hearing order. To include these items as exhibits to the May 11, 2005 <br />MLRB hearing you must petition the Board to include such documents at the adoption of the Pre-hearing <br />order. <br />Please also be aware that if these exhibits are to be made a permanent part of the permit, then they must be <br />filed as a revision once the permit has been issued. This will allow the Division sufficient time to review the <br />documents for adequacy. In particular, the dewatering issues will still need to be addressed as required by <br />Stipulation No. 3 which states; <br />Stipulation No. 3 <br />Prior to discharge to the west through the two concrete box culverts or other culverts under US Hwy <br />85 owned and operated by CDOT, the applicant will demonstrate that the culverts can handle the <br />flows from any lawful use by the applicant and that US Hwy 85 will not be negatively impacted. The <br />applicant must obtain written consent from CDOT to discharge mine water into the culverts under US <br />Hwy 85 prior to discharge into those culverts. <br />If you have any questions, please do not hesitate to call. <br />Si erely„ <br />. W" <br />Erica Crosby <br />Environmental Protection lalist <br />cc: Carl Mount; DMG (via e-mail) <br />Danna Ortiz; Civil Resources <br />Joe Intermill; CDOT <br />Office of <br />Mined Land Reclamation <br />Office of <br />Artivn and Inartiva Minx <br />Colorado <br />(:e..l..d~al c....e.. <br />