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(Page 2) MINE ID # OR PROSPECTING ID # M-1993-041 INSPECTION DATE 12/07/04 INSPECTOR'S INITIALS ESC OBS&RVATIONS This was an inspection of the Dowe Flats Mine conducted by Erica Crosby of the Division of Minerals and Geology. John Lohr and Eric Hodek of CEMEX, Inc. were present during the inspection. The purpose of the inspection was to inspect the area associated with the acreage release request (AR-02) submitted by CEMEX, Inc. on November 8, 2004. CEMEX requested that two areas of the Dowe Flats permit area be released for a total of 87.88 acres. The City of Longmont and Poudre Valley Rural Electric Association, Inc. (PVREA) are the owners of the two pieces of property that are subject to the acreage reduction request. The current reclamation bond in the amount of $2,233,452.00 will not change as a result of this release request. The parcel owned by the PVREA is a 2-acre parcel located in the Nw corner of the SE ~ of the SE '~ of Section 16, Township 3 North, Range 70 West, 6`6 P.M. A substation is currently in place. According to John Lohr, the substation was constructed in 1998 to serve homes up the valley and the CEMEX Plant located at the Lyons Site, Permit No. M- 1977-208. The transmission lines and poles pre-date the mine, and are not included in the acreage reduction request. PVREA submitted a letter to the Division on September 20, 2004 stating, "The substation was built for the Poudre Valley REA, and meets all Boulder County building and zoning requirements. The land had not been affected by mining or mining-related activities when purchased by PVREA, and any subsequent disturbance was for non-mining related purposes. Poudre Valley has no objection to the release of this land from the Dowe Flats DMG permit boundary and will not hld CEMEX, Inc. or the Colorado Division of Minerals and Geology responsible for future reclamation on the property." The parcel owned by the City of Longmont is approximately 85.68 acres and is located in Sections 15, 16, 21 and 22, Township 3 North, Range 70 West, 6Ch P.M. The City of Longmont is actively constructing a water treatment facility to serve the town of Lyons and the City of Longmont. According to John Lohr, the plant will be operating in the summer of 2005. The City is constructing large buildings on site and a number of holding ponds. The holding ponds are approximately 10 to 15 feet deep and are armored with riprap. The City of Longmont submitted a letter to the Division on October 8, 2004 stating, "TO our knowledge, this land was never disturbed by mining or mining related activities and is currently being developed as a water treatment facility. The City of Longmont has no objection to the release of this land from the DMG permit boundary and will not hold CEMEX, Inc. or the Colorado Division of Minerals and Geology responsible for future reclamation on the property." Although both sites have been disturbed, they do not appear to be the result of mining activity. However, the facilities do not conform to the postmining land use of rangeland and are not addressed in the mining and reclamation plan. Therefore, the Division must deny the acreage reduction request. Such notice will be sent under separate cover. CEMEx has the following options; • Amend the reclamation plan to include a substation and water treatment plan as a component of the permit, OR • Appeal the Division's decision before the Mined Land Reclamation Board by submitting a request for Administrative Appeal to the Office according the provision of Section 1.4.11. The request for the Administrative Appeal must specify the basis for being directly and adversely affected or aggrieved, a statement of why the person's interest is protected by the Act, the permit number assigned by the Office and include a statement of the factual and legal issues presented by the appeal. CEMEX will need to petition for a hearing within 30-days of the Division's decision.