2009-02-26_PERMIT FILE - M2009018 (3)

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Exhibit A - Legal Description 6.4.1 EXHIBIT A - Legal Description (1) The legal description must identify the affected land, specify affected areas and be adequate to field locate the property. Description shall be by (a), township, range, and section, to at least the nearest quarter-quarter section and (b), location of the main entrance to the site reported as latitude and longitude, or the Universal Transverse Mercator (UTM) Grid as determined from a USGS topographic map. A metes and bounds survey description is acceptable in lieu of township, range, and section. Where available, the street address or lot number(s) shall be given. This information may be available from the County Assessor's office or U.S. Geological Survey (USGS) maps. (2) The main entrance to the mine site shall be located based on a USGS topographic map showing latitude and longitude or Universal Transverse Mercator (UTM). The operator will need to specify coordinates of latitude and longitude in degrees, minutes and seconds or in decimal degrees to an accuracy of at least five (5) decimal places (e.g., latitude 37.12345 N, longitude 104.45678 W). For UTM, the operator will need to specify North American Datum (NAD) 1927, NAD 1983, or WGS 84, and the applicable zone, measured in meters. The legal description for the property boundary and permit area is detailed on the included map, as determined by American West Land Surveying Company, in conformance with Rule 1.10.1(1). The main entrance is identified as `Primary Access' (latitude 40°10'46.8" North, 104°54'32.5" South) as shown near the Southwest center of the permit/property boundary (near the intersection of Weld County Road 17 and the concrete ditch lateral along the West permit boundary). Information provided is taken directly from a boundary survey, also performed by American West Land Surveying Company. The property boundary comprises 157.06± acres. The existing residential property owned by the applicant, including outbuildings and immediate lands, and is bordered by an existing fenceline that encloses approximately 3.41± acres. When the residential area is excluded from the existing property boundary, the remaining land forms the total permit boundary, or an area of 153.65± acres, as shown on Exhibit C-2: Extraction Plan Map, and correlated map exhibits found in this submittal. Varra Companies, Inc. Heintzelman Project RMS 112 Permit Application 1 2 February 2009