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GARFIELD & HECHT, P.C. <br />"Item 11, The fencing" <br />James G. Snyder <br />Jean E. Snyder <br />November 6, 2008 <br />Page 2 of 2 <br />RESPONSE: As Lafarge has previously indicated to you, Lafarge has received bids for <br />the installation of the required fencing. At the time the bids were received, you requested that <br />Lafarge wait on the installation. Lafarge is ready, willing, and able to commence with the <br />installation of the fence. In the alternative, if you would prefer to complete the installation <br />yourselves, Lafarge is willing to provide you with cash in the amount of the bids received. <br />Please provide us with a written statement indicating your preference within ten days of the date <br />of this letter. If no written statement is received in that time, Lafarge will proceed with the <br />installation of the fence. <br />4. "Item 15 The landscaping" <br />RESPONSE: As noted above, Lafarge will install the required landscaping pursuant to <br />the approved reclamation plan and permits. <br />5. "Item 16 The wetlands" <br />RESPONSE: The Agreement requires that Lafarge mitigate any disturbed wetlands as <br />required by the Army Corps of Engineers. The Agreement required Lafarge to obtain a Contract <br />to Buy and Sell Wetlands Banking Mitigation Credits with Springwater Ranch, LLC. Lafarge <br />has obtained such a contract. A copy is enclosed. Therefore, Lafarge has satisfied the <br />requirements of this section. However, as an accommodation to you, Lafarge is reviewing and <br />examining the overall wetlands situation to determine whether additional filling may occur to <br />reduce or eliminate some of the wetlands on the Premises without adversely impacting the <br />requirements of Lafarge's 404(b) permit. <br />In summary, Lafarge denies that any default has occurred under the Agreement, asserts <br />that Lafarge's actions to date are in compliance with the terms of the Agreement, and takes the <br />position that your demand is untimely and inappropriate. <br />Further, Lafarge will not tolerate any additional attempts on your part to engage in self- <br />help in order to prevent Lafarge, its employees, contractors, and customers from accessing the <br />Premises. Most importantly, your threat to use a shotgun to block access is not well-taken, <br />and any further threats of that nature will result in an immediate report to the County <br />Sheriff. <br />If there are any further disruptions to the operation of Lafarge's business on the Premises <br />(such as locking the access gate) or if there are any additional threats made to any representative <br />or employee of Lafarge, Lafarge will seek any and all available legal remedies. To the extent <br />that you continue to interfere with Lafarge's business operations, Lafarge may seek money <br />damages against you. We hope and expect that such action will not be necessary. <br />341214-1 <br />Ig Printed on recycled paper