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<br /> <br />EXHIBIT A - LEGAL DESCRIPTION <br />1~he affected areas of the Mendota Properties are located in an <br />eirea adjacent to the northwestern city limits of the town of <br />:silver Plume in Clear Creek County. <br />Township: 4 S <br />Range 75 W <br />Section 13, S 1/2 of the SW 1/4 <br />14, SE 1/4 of the SE 1/4 <br />The affected portions of the land shall not exceed 9.9 acres and <br />a.re more specifically set out in the Mining Plan under article <br />6., and in EXHIBIT E (map). <br />STATEMENT OF USE <br />The Clear Creek County Planning Department was contacted to <br />confirm the zoning for the Mendota Property area, and to see if <br />any other requirements were set forth by the County. Bert Weaver <br />and Tammy Foley of the Planning Department related that proper <br />zoning was their only requirement, and that this property was <br />zoned as M-1, Mining and Mountain Residential. A confirmation <br />letter from the Planning Department is included with this <br />application as ATTACHMENT A. <br />The intended post-mining land use as stated on page (1) herein, <br />is for commercial and industrial development. It is our belief <br />that when the mining uses of this property have been fully <br />exploited, the remaining use allowed by current zoning for <br />residential purposes will not be practical. The property fronts <br />on Interstate Highway 70 and is subject to high traffic and noise <br />exposure, thus making it undesirable for residential use. Prior <br />to any commencement of development of commercial and industrial <br />use, we will seek a rezoning from Clear Creek County and follow <br />the guidelines set forth by the County as they prescribe at that <br />time. Reclamation of the site will be done so as to coincide <br />with the maximum utility as allowed by Clear Creek County at the <br />time of cessation of mining. <br />3 <br />