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Mr. Carl Mount <br />Division of Minerals and Geology <br />Page 2 of 2 <br />May 21, 2004 <br />described as "Parcel C: Southeast Dowe Flats Property' within Exhibit A: Legal Description of <br />the Amendment application for Dowe Flats Mine, dated August, 1994 <br />Site Activity <br />There has not been any mining related activity on the subject parcel, and it is not bonded as <br />affected land. <br />Release Request <br />On behalf of Cemex, Inc., we believe that this 13+ acre parcel is eligible for removal from the <br />permit boundary since no mining-related activities have occurred, and therefore no reclamation <br />is necessary. Because of this lack of mining-related disturbance, all applicable portions of the <br />Reclamation Plan requirements have been satisfied for this parcel of land in accordance with <br />the Construction Materials Rules and Regulations. <br />We request that apre-release inspection be scheduled as soon as possible because of a <br />pending real estate transaction that includes this parcel. Please call me to schedule this <br />inspection. Thank you very much. <br />Sincerely, <br />BANKS AND GESSO, LLC <br />`~t2~~;~~e~iK-- <br />Maureen Jacoby <br />Project Manager <br />attachments: Attachment A: Vicinity Map <br />Attachment B: Parcel Location Map <br />Parcel Description (13.07 Acres), Flatirons Surveying, Inc., dated May 19, 2004 <br />Revised Legal Description for Southeast Dowe Flats Property (105.00 Acres), Flatirons <br />Surveying, Inc., dated May 21, 2004 <br />cc: Mr. John Lohr, Cemex, Inc. <br />Mr. Nolan Fry, Cemex, Inc. <br />Mr. Ray Petros, Esq., Petros & White, LLC <br />