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Management & Monitoring Plans Page 2 of 4 open space, and short grass prairie reclamation efforts" provided such land management efforts do not conflict with Cemex's permit conditions. In addition to the partition and lease-back, the Partition Agreement grants the County two option rights to acquire the Cemex-owned property at Dowe Flats. Specifically, the first option enables the County to acquire the primary "Operations Parcel" within Dowe Flats, following the completion of Cemex's mining and reclamation activities. The second option enables the County to acquire the remaining eleven development rights associated with the Cemex-owned property in Dowe Flats (the County acquired another eleven of Cemex's Dowe Flats development rights pursuant to the Partition Agreement, and Cemex granted the County a corresponding conservation easement over 385 acres of Cemex's property, subject to Cemex's mining). The Partition Agreement also required Cemex to submit a subdivision exemption application to the County, seeking to transfer its remaining eleven development rights to a 153 acre parcel ("Development Parcel North") on Cemex's property within the southwestern portion of Dowe Flats (this parcel is to be conveyed to the County if the County exercises its option for all eleven development rights). Cemex submitted the subdivision exemption application and the County approved the exemption on May 22, 2003 (Resolution No. 2003-63), granting the right to create eleven single-family residential lots ("Dowe Flats Estates") within the Development Pazcel North. Upon approval of the subdivision exemption, Cemex conveyed an additional Cemex-owned parcel in Dowe Flats, known as the "Annexation Pazcel" to the County, and extended the conservation easement over the remainder of the Cemex-owned "Operations Parcel." Thus, pursuant to the Partition Agreement, Dowe Flats is presently either owned by the County and subject to the mining lease to Cemex (azea in green on Figure 2), or it is owned by Cemex subject to the County's option rights and conservation easements (area in blue on Figure 2). In addition, Cemex retains fee title ownership to a remaining portion of the Harroun Farm (aka South Dowe Flats Property) and Peicker-Dickens Parcel (aka Southwestern Dowe Flats Property) (azea in yellow in Figure 2). 2.3 Sale of Parcel to Longmont On November 13, 2001, Cemex sold approximately 86 acres located in Sections 15, 16, 21 and 22 of Township 3 North, Range 70 West, 6`h P.M., to the City of Longmont (a portion of the former Harroun Farm also known as the "South Dowe Flats Parcel") for the construction and operation of a new municipal raw water treatment plant (area in red on Figure 2). The County approved a special use permit for Longmont for this facility on October 25, 2001, by Resolution No. 2001-155 which released this property from the management and monitoring requirements. 3.0 Land Use Land use within the azea owned by Cemex is primarily mining and reclamation, including the mine operations center, crusher, and conveyor corridor (area in blue in Figure 2). Secondarily, the Dowe Flats Estates subdivision exemption approval provides for rural residential development after mining. However, assuming Boulder County exercises its options to purchase, Cemex's remaining eleven Dowe Flats development rights (and consequently the 153 acres of land associated with the Dowe Flats Estates subdivision exemption approval), this land use will not be implemented. Agriculture is the only other use of Cemex's Dowe Flats ownership, and is discussed below.