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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman SL, Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 8663567 <br />FAX: 1303) 832-8106 <br />March 8, 2005 <br />COLORADO <br />DIVISION O F <br />MINERALS <br />GEOLOGY <br />RECLAMATION•MINING <br />U PETY•SCIEN CE <br />Mr. Mazk D. Campbell Bill Owens <br />SW TKO Joint Venture, LLC Governor <br />333 W. Hampden Ave, Ste. 810 Russell George <br />Englewood, CO 80110 Executive Director <br />Ronald W. Cattany <br />Division DlfeCfOf <br />RE: SW TKO Joint V enture, LLC, Application No. M-2004-078 Natural Resource Trustee <br />Lupton Lakes Resource; Adequacy Review <br />Deaz Mr. Campbell, <br />Listed below aze adequacy review comments on the Lupton Lakes Resource New 112 Application, Permit <br />Number M-2004-078. The Division of Minerals and Geology (Division) is required to make an approval <br />or denial decision no later than April 19, 2005, therefore, your response to the following adequacy review <br />concerns should be submitted to the Division as soon as possible. <br />1. As required by Rule 1.6.2 (1)(g), please submit the proof of publication of the public notice circulated <br />in the local newspaper, all owners of record of surface lands, easement holders, and owners of record <br />of surface lands that are within 200 feet of the boundary of the affected land. Proof of notice may be <br />return receipts of a Certified Mailing or by proof of personal service. <br />2. The Division noted two areas that aze related to the mining and reclamation plan, but were not <br />included in the permit area. The first area is the conveyor crossing and future reservoir interconnect <br />crossing Weld County Road 6.25 and the other is the future water conveyance pipeline that would <br />cross Highway 85 to the South Platte River. Both of these features are related to the mining and <br />reclamation plan and will need to be included in the permit area. Please revise the pemrit area in all <br />of the exhibits to incorporate these aeeas. In addition, owners of record will need to be nofified and <br />an additional 20-days must be allowed for public comment. The applicant will also need to obtain <br />notarized consent forms between SW TKO Joint Venture, LLC and the owner of the <br />propert}r(structures to install such structures. <br />Related to the question noted above, in the groundwater model prepared by Civil Resources, LLC, a <br />number of mitigation measures are proposed to reduce the extent of groundwater drawdown due to <br />mining. Please be awaze that some of mitigation measures (including construction of recharge ponds <br />and facilities necessary to construct injection dewatering wells) will need to be included in the permit <br />area. Please revise the permit area in all of the exhibits to incorporate these areas. 1Fr addition, <br />owners of record will need to be notified and an additiona120-days must be allowed for public <br />comment. <br />4. Rule 6.2.1(2) requires that maps be signed by a registered land surveyor, professional engineer, or <br />other qualified person. The maps submitted to the Division were not signed. Please resubmit a <br />signed copy of the maps. <br />The exhibits submitted to the Division state, "...mining plan is conceptual and may change due to site <br />conditions." Please be aware that any changes to the proposed operation or maps in the future may <br />need to be filed as a revision to the permit. Therefore, please remove this language from the relevant <br />exhibits. <br />Office of Office of Colorado <br />Mined Land Reclamation Active and Inactive Mines Geological Survey <br />