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(Page 2) <br />MINE ID # OR PROSPECTING ID # M-2004-078 <br />INSPECTION DATE 03/12/08 INSPECTOR'S INITIALS ESC <br />OB3SRVATION3 <br />This was an inspection of the Lupton Lakes Resource site, File No. M-2004-078, conducted by <br />Erica Crosby of the Colorado Division of Reclamation, Mining and Safety. Danna Ortiz of <br />Civil Resources, LLC was present during the inspection. <br />The purpose of the inspection was to review the site based on a citizen complaint filed by <br />Sean O'Joughlin faxed to the Division on February 29, 2008. The complaint is in regard to <br />wetlands that are being disturbed on the Lawrence Property located east of Highway 85 and WCR <br />8. <br />The Division reviewed the information provided by Sean O'Joughlin and determined that a <br />mining permit currently exists for the area being disturbed. The Lupton Lakes Sand and <br />Gravel Mine permit was issued on 10/17/05 for a permit area of 361 acres. The disturbed <br />wetland area is on the northern side of the site. The permit was recently transferred from <br />SW TKO Joint Venture, LLC to the City and County of Denver acting by and thru Board of Water <br />Commissioners. <br />The Division reviewed the file to determine the mining and reclamation plan for the wetland <br />area in question. On May 11, 2005, The Department of the Army determined that the roadside <br />wetlands and irrigation ditches on the site are not waters of the U.S. and therefore non- <br />jurisdictional. See attached letter for further detail. Based on this determination, the <br />Division approved the mining and reclamation plan which allowed for disturbance of the <br />wetlands in question. No further action is required. <br />I & 8 Contact Address <br /> ^ CE <br />NAME John Bambei Jr. ^ BL <br />OPERATOR City & County of Denver ^ FS <br />STREET 1600 W. 12th Ave. ^ HW <br />CITY/STATE/ZIP Denver, Colorado 80204 ^ HMWMD (CH) <br /> ^ SE <br /> ^ WQCD (CH) <br />cc: Carl Mount; DRMS <br /> Danna Ortiz; Civil Resources, LLC <br /> Sean O'Joughlin <br />