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,w <br /> Research indicates that the access road passing over MS#14916 Queen,MS#1406 Surprise and MS <br /> #16097 Hobo,has been in existence since the early 1900. The establishment of the road and use to service <br /> the existing portal and mining area,now known as the Hobo 2 Mine,has led to an easement by <br /> preexisting use. <br /> Through the Divisions Rock/Metal Mining Limited Impact I I0(1)Application of the Hobo 2 <br /> Mine,McFarland Enterprises Inc. The Division is subjecting, without warrant,the private <br /> property known as MS#14916 Queen and MS#16097 Hobo to a permit that the owners of <br /> said property have no vested interest in. <br /> Neither owner Frank and Eloyda Bridgewater owner of record of MS#14916 Queen,MS <br /> #1406 Surprise nor Jones Mountain Trust,owner of record of the fee simple surface of MS <br /> #16097 Hobo, is an Operator in the proposed mining operation. <br /> Operator means any person, firm,partnership,association,corporation, or any <br /> department, division,or agency of Federal, State,County, or Municipal Government <br /> engaged in or controlling a mining operation. <br /> The simple matter of access, easements by preexisting use or any easements across said properties is <br /> reserved to a civil issue between McFarland Enterprises Inc., Frank and Eloyda Bridgewater and <br /> Jones Mountain Trust. <br /> As stated previously the owner of MS#14916 Queen and MS#16097 Hobo,are not operators nor do <br /> they have any vested interest in the mining operation itself. The matter of access MS#14916 Queen <br /> and MS#16097 Hobo, easements created by preexisting use or any new easements agreed upon are <br /> civil issue between parties. <br /> Legal issues may arise from the Divisions decision to have the access road listed and shown within <br /> the permit boundary. <br /> Item 2 <br /> The permit application and exhibit B where both updated to show San Juan County road 2 being within <br /> 200 feet of the permit boundary includes the entire access road to access the portal. <br /> Relative to this item there is still the issue of formalizing a non-exclusive easement and agreement <br /> between McFarland Enterprises,Inc and Jones Mountain Trust. <br /> At this time currently McFarland Enterprises,Inc.,through its agent ITC Resources is trying to resolve <br /> the issue of access across MS#16097 Hobo. ITC Resources has sent via two Certified Mailings to the <br /> record address for Jones Mountain Trust,8155 FM 3237,Driftwood TX 78619-9417. And have placed <br /> multiple phone calls in an attempt in trying to contact the owner to formalize a non-exclusive easement <br /> and agreement. <br /> If in the event that Jones Mountain Trust fails to respond in a timely fashion to the letters sent Certified <br /> Mailings to their record address of 8155 FM 3237,Driftwood TX 78619-9417. McFarland Enterprises, <br /> Inc.,will seek relief for the easement through the Courts. <br /> If McFarland Enterprises,Inc.,prevails in its suit and is granted the easement through the Courts.The <br /> issue of reclamation will still be one of a civil issue between McFarland Enterprises, Inc., and Jones <br /> Mountain Trust. <br />