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Greg E. Walcher, Executive Director <br />Robert W. Cattany, Division Director <br />June 12, 2003 <br />Page five <br />10. Section 6 of the Amended Application states "Name of owner of subsurface <br />rights of affected land. Booth Land and Livestock Company." This is not correct. The original <br />Application , Exhibit O Commitment for Title Insurance reveals that Pazcels 1-4 was owned by <br />Booth Land and Livestock Company and Parcels 5 -11 was owned by Gary S. Booth and Mark <br />C. Booth. As above stated, at the time that the Amended Application was filed BLC <br />Development, LLC was the owner, and this was known be applicant. This is a material and an <br />importation misrepresentation. The misstatements in the Amended Application for Permit <br />regarding ownership of the surface and the minerals to be mined and compounded by Applicants <br />failure to provide the Notice to Landowner required by statute has deprived BLC Development, <br />LLC valuable property rights. <br />Accordingly, BLC Development, LLC demands that the amended application for permit <br />and application for revised mining plan or any permit issued be suspended or revoked and that <br />any mining operations be limited to the pemutted areas under the original Permit issued in 1998. <br />If your office has questions concerning this notification and demand, please contact us. <br />We would appreciate notification of any further action of your office regarding the above pernut. <br />Very truly yours, <br />BLC DEVELOPMENT, LLC <br />By: a <br />anag r <br />cc: Hall-Irwin Corporation <br />