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~~ ~~~- i <br />~~ Banks and Gesso, LLC <br />^^ <br />v 720 Kipling St.,Suite117 <br />Lakewood, Colorado 80215 <br />(303)274-4277 <br />Fax (303) 274-8329 <br />www. banksandgesso.com <br />January 5, 2005 <br />VIA CERTIFIED MAIL <br />Mr. Carl Mount <br />Division of Minerals and Geology <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Re: Request for Acreage Reduction -Caribou Springs Ranch and Guercio <br />Properties; Permit #M-1977-7.08, Lyons Quarry, CEMEX, Inc. <br />Dear Carl: <br />On behalf of our client, Cemex, Inc., we request that the Division approve the removal <br />of property from the Lyons Quarry permit boundary as described below. Cemex is not <br />requesting any surety reduction in conjunction with this acreage reduction request. <br />History of the Property <br />The permitted property south of Hygiene Road (CR10) contains areas described in the <br />reclamation plan as Pits E and F, and Waste Area #2. The northern portion of E-Pit <br />was mined and reclaimed to dryland pasture. F-pit was not disturbed by mining. Waste <br />Area #2 and the southern portions of E-and F-pit were previously released from bond in <br />1990 and 1991. Please see the attached aerial photograph for approximate locations of <br />E- and F-pits. <br />In 1985, Cemex's predecessors began the process of conveying the property south of <br />Hygiene Road. James Guercio ultimately purchased all of the property, most of which <br />is included in the Caribou Springs Ranch Subdivision Exemption. Some of the lots <br />within Caribou Springs Ranch have been sold, including lots to Barry Lind, CS Twelve, <br />and Hawk Circle Trust. The remaining lots, including outlots, are still owned by Caribou <br />Springs Ranch. As part of the development of Caribou Springs Ranch, a paved access <br />road and one residence (on the Lind property) has been constructed. The attached <br />photograph shows a picture of the Caribou Springs Ranch entrance off Hygiene Road. <br />Please see the attached aerial photograph for location of these improvements relative to <br />the permit boundary. <br />Property Location and Legal Description <br />R~(:~f~/~® tJ <br />~aN a~s Zoos <br />Division of Minerals and Geology <br />Cemex is requesting acreage release for all permitted property within Sections 32 and <br />33, T3N, R70W, 6th P.M. (443 total acres south of Hygiene Road, as described in the <br />original application, Exhibits A and B, attached) Please see attached Aerial <br />