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STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Departrnent of Natural Resources <br />13t 3 shemwn St., Room 27 s C O L O RA D O <br />l)enVer, Colorado 80203 DIVISION O F <br />Phone: (303) 8663567 MINERAL S <br /> <br />FAX: (303) 832-0706 G E O L O G Y <br /> 0.ECLANATION•M INING <br /> EAf ETY•fCIENCE <br />May 2 <br />2006 <br />, eili owcN <br /> Govenlor <br /> Russell George <br />Ms. Danna Ortiz ExeMive Director <br />Civil Resources, LLC ItOAeaw.Ca°'"Y <br /> <br />451 Oak Street, Suite 209 Division Director <br />NatG2l ReEOUrLx rn~tee <br />P.O. Box 680 <br />Frederick, CO 80530 <br />RE: SW-TKO Joint Venture, LLC -Permit No. M-2004-078, Lupton Lakes Resource <br />Technical Revision No. 3 -Adequacy Review Comments, Class: Revision TR-3 <br />The Division has completed its adequacy review of the operator's Apri125, 2006 request for a <br />technical revision to the Lupton Lakes Resource, permit No. M-2004-078. Specifically, the <br />revision addresses a change in mining plan for the Phase 1 azea from de-watering and dry mining <br />to wet mining. The net result of this change will be an increase in the acreage of exposed <br />groundwater during mining (and final reclamation) from 24 to 42 acres, ie: an increase of <br />approximately 18 acres. As verified by Joanna Williams of the Office of the State Engineer <br />(OSE), there currently is no well permit and Temporary Substitute Supply Plan in force for the <br />Lupton Lakes Site, and the submitted revisions to the well permit and TSSP applications aze still <br />pending review. Please note that the Division cannot approve your revision request until we <br />have received written evidence from the OSE of an approved well permit and TSSP adequate for <br />the additional 18 acres of exposed water surface during mining. It is also important for the <br />operator to refrain from exposure of groundwater at the site until such time that the required OSE <br />approvals have been obtained. <br />In the event the written OSE approvals aze not obtained prior to May 25, 2006, you may wish to <br />waive your right to a decision and extend the decision date for an appropriate length of time. <br />Sincerely, <br />•~/~^~ <br />Thomas A. Schreiner <br />Environmental Protection Specialist <br />Cc: Cazl Mount, DMG (via E-Mail) <br />Erica Crosby, DMG (via E-Mail) <br />Joanna Wi]liams, OSE (via E-Mail) <br />Office of Office of Colorado <br />Mined land Reclamation Active and Inactive Mines Geological Survey <br />