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EXHIBIT A - Leeal Description (1) The proposed mine site is located approximately six and one-half miles east of the city of Montrose and about'/. mile south of U.S. Highway 50. The affected area consists of an 39.74 acre portion located within the NW I/4 of the N W I /4, Section 36, T49N, RBW, of the New Mexico P.M., Montrose County, Colorado approximately 6.50 miles west of Montrose, Colorado. This tract is wholly contained within 1128 acres owned by Nick H. Gray. The tracts immediately adjacent to the western and northern boundazies of the proposed permit area and extending to the County Road and U.S. Hwy 50 R.O.W. to the north and east are owned by Mr. Nick Gray. Properties adjacent to the east of the County Road R.O. W and south are owned by Lazy A Corporation and the United States Bureau of Land Management (USBLM) respectively. The 39.74 acre tract more specifically described as follows: Beginning at the NW comer of Section 36 bears N 89 1 T 16" E, 1323.31'; Thence S O1 27'01" E, 1315.81'; Thence S 89 10' 34" W, 1319.98'; Thence N OI 39 43" W, to the point of beginning containing 39.74 acres Average elevations in and around the proposed area of operations ranges from 6920 to 7120 feet AMSL. Access to the site will be via a proposed maximum l0% grade 1Q,000 L.F. haul road beginning at [he northwest comer of the proposed site and extending to Miguel Road. Approximately 2500 L.F. of this road currently extends from an existing access on Miguel Road and the remaining 7500 L.F. is to be constructed. The entire road is within the above described l 128 acre tract owned by Mc Hick H. Gray, the applicant. A Site Access Road Map is provided in Exhibit B. A secondary access may be possible for future use via a county approved commercial access from Kinikin Road. A Montrose County farm approach permit has been issued for access at this point and an access constructed following both USACOE and required Montrose County specifications for a commercial access. Access road is a 24 ft. wide gravel road which crosses a small stream and tributary and intersects an existing road on the site. The existing road is an old stage route which runs along and above the north bank of a small tributary stream/wetlands. Silt fencing placed along a buffer zone above the wetlands area will be used to separate the wetlands area from the operations and/or stockpiling areas. The USACOE has inspected the crossing locations and wetlands and has provided permission and recommendations for culvert installation and wetlands management. The plan views and culvert sections drawings were provided by Del -Mont Consultants, Inc. Copies of the USACOE letters and Del-Mont drawings are attached in Exhibit B. The gate at this secondary access point is currently under litigation as to weather the county has issued an illegal farm approach permit. Road design and site limits at the secondary access point are per county specifications for a commercial access and the constructed access has been inspected and approved by the county and the USACOE. Pending the result of the current litigation the gate/approach at this secondary access point will not be used. The Division will be notified as to the final result of this litigation. The Applicant will clearly mark all permit area corners and stake the site perimeter and phase area boundaries using T-posts and wood survey stakes prior to any site disturbance. Prior to any site disturbance and in association with the silt fencing painted T-posts, signage, construction fencing and wire with flagging strung between T-posts will be used to mark the wetlands to ensure that there is no disturbance. The haul road and site access road will remain after mining and reclamation has been completed at the site for landowner use.