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<br /> <br />:: Banks and Gesso, LLC <br />RECEIVED <br />MAY 3 1 2001 <br />May 30, 2001 <br />Division of Minerals and Geo4agy <br />Mrs. Barbara Chiappone <br />Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br /> <br />720 Kipling St.,Suite117 <br />Lakewood, Colorado 80215 <br />(303)274-4277 <br />Fax (303) 274-8329 <br />www. banksandgesso.com <br />RE: Owens Brothers Sand and Gravel Mine, File No. M-2001-046 <br />Source of Legal Right to Enter <br />Dear Mrs. Chiappone: <br />We are in receipt of your letter of May 21, 2001 regarding the completeness of the above <br />referenced permit application. Enclosed you will find a statement signed by Jerry Nix, owner of <br />Ralph Nix Produce and the subject property, which gives Owens Brothers Concrete the authority <br />to apply for any necessary sand and gravel permits and to enter the property for the purposes of <br />mining sand and gravel. <br />Additionally, in your letter you raise an issue with the difference in acreages specified in the <br />permit and in the Contract to Purchase. The 80- and 200-acre amounts specified in the contracts <br />were estimates, subject to changes resulting from the ALTA boundary survey required as <br />conditions in the contracts. Item 'O' on Page 3 of the Addendum for the 80-acre contract and <br />Item 'N' on Page 2 of the Addendum for the 200-acre contract each make provisions for the <br />possibility that the purchases may, as a result of the survey, include more or less than the 80 and <br />200 acres specified in the those contracts. Using the boundaries identified in these surveys, the <br />total acreage increased to the 312-acre figure we use in the permit application. I have enclosed <br />the above-mentioned pages of the contracts for your easy reference. <br />It is my hope that the enclosed letter authorizing Owens Brothers Concrete the right to enter the <br />Nix property for sand and gravel mining is sufficient to satisfy Exhibit `N' of the 112 permit <br />application. I also hope that the above explanation of acreage figures erases any concerns your <br />office may have had in regards to the area of the property in question. If you should have any <br />other questions or concerns, please feel free to call me at 303/274.4277. <br />Sincerely~~~ <br />Tu..'gV/~1, ~ 1n ~~~~~1"''''/////~~444Y///~~444Y// <br />Banks & Gesso, LLC <br />Enc: Letter of Authorization <br />2 Pages of Contracts to Purchase <br />cc: Bill Owens, Owens Brothers Concrete Company <br />