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RED -- <br />MEMO TO THE FILE Jut <br />61?ViS!o gO Fee/ <br />TO: FILE: COC 64651 AND COC 64651(09) Mln,nB aRd Sa©aton <br />FROM: H. M. JOHNSON aty <br />SUBJECT: CORRECTION OF DE MINIMIS ERROR TYPOGRAPHICAL ERROR OF <br />LEGAL DESCRIPTION IN CONTRACT AND RENEWAL. <br />DATE: JULY 14, 2010 <br />CQ JOHN GILLELAND/ C &J GRAVEL PRODUCT, INC. <br />The purpose of this memo is to document and correct a typographical error in the legal description of <br />a contract for the sale of mineral materials, issued November 16, 2005, and perpetuated in a contract <br />renewal, issued February, 24, 2009. These sales were issued to C & J Gravel Products, Inc. <br />The legal description, as written on the original contract and the subsequent renewal describes the <br />location of the contract as: T 34 N, R 9 W, SW4 of section 3 and NW4 of section 9. <br />The correct legal should be written as: T 34 N, R 9 W, SW4 of section 3, NE4 of section 4, and NW4 <br />of section 10. This is confirmed bythe following facts. <br />• 1) The 2005 contract was for a total of 15 acres. Boundaries on the ground were located, using a <br />survey method to ensure that the area was 15 acres. It appears that the relative location of the <br />section line was not considered. Subsequently, it was determined that a significant cultural site was <br />located within the preliminary boundaries of the contract. The pit boundaries were redrawn to <br />ensure that disturbance to the cultural site was avoided and to maintain a total of 15 acres. The final <br />boundary extends to the west, in the NE quarter of section 4. <br />2) Note: The original NEPA analyzed potential impacts due to development of gravel in sections <br />3 and 10 of the T 34 N, R 9 W. No additional NEPA was done at the time that the boundary was <br />finalized in 2005. A review at this time indicates that the affected environment and actual impacts are <br />similar to those analyzed in the EA. The only difference is that the area of NW4 of T 34 N, R 9 W <br />was not identified in the EA. <br />PURCHASER <br />C &J Gravel Products, Inc. <br />27661 Highway 160 East <br />Durango, CO 81301 <br />S OF AMERICA <br />Title <br />?-)m Flo <br />Date <br />•