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DENVER WATER <br />1600 West 12th Avenue • Denver, Colorado 80204-3412 <br />Phone 303-628-6460 • Fax No. 303-628-6478 <br />FCNW:2D <br />Division of R--cl?mation, <br />AAC!linq and Safety <br />October 14, 2009 VIA CERTIFIED MAIL <br />Eric Scott <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety <br />1313 Sherman St., Room 215 <br />Denver, CO 80203 <br />Re: Release of Property from Permit No. M-2004-078 (Lupton Lakes) <br />Dear Mr. Scott: <br />Denver Water received your letter dated October 2, 2009, in which you denied the <br />request to release 2.98 acres from the permit referenced above as part of our application for a <br />Technical Revision. In accordance with Construction Materials Rule 4.17.1, we are resubmitting <br />our request to. release the 2.98 acres from the permit boundary. Please find enclosed the legal <br />description and drawing depicting this parcel. <br />When Denver Water acquired the Lupton Lakes project, the mining permit was <br />transferred to Denver Water. As I explained over the phone, the 2.98-acre parcel was expected <br />to be included in the mining area at that time. Under the terms of the purchase agreement, in <br />July 2009 Denver Water purchased the remaining property from the owners, except for the <br />2.98-acre parcel due to environmental considerations. The parcel has never been mined or <br />disturbed, so there is no need for reclamation under the permit. Please see the enclosed letter <br />from Lafarge for verification. Denver Water never owned this property and has no intention to <br />purchase or mine it. Therefore, we request that it be released from the permit. <br />As of July 2009, the owners of the 2.98 ;acre parcel were: <br />SW Villaneaux, LLC <br />7600 E. Orchard Rd. #370-S <br />Greenwood Village, CO 80111 <br />303-534-1040 <br />O? <br />q/o V - `?2ati?P <br />CONSERVE <br />Patricia L. Wells, General Counsel, Legal Division OCT 16 2009