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~~Alfers & Carver, LLC <br />Attorneys At Law <br />Tel: (303) 592.7674 <br />Equitable Building <br />730 17th Street, Suite 340 <br />Denver, Colorado 80202 <br />~~~~t ~~~ ®F~BC~ <br />~~ut~i(~ ~~~~/1®~~ October 15 , 1999 <br />S1T~: r~ n . <br />pe~htt q ' <br />-FG / _~. P _` Via Facsimile Transmission and U.S Mail <br />~~l' ~ (970) 247-5104 <br />Colorado Department of Natural Resources <br />Division of Minerals and Geology <br />Attn: Mr. Wally Erickson <br />484 Turner, Building F, Suite 101 <br />Durango, CO 81301 <br />Re: Brown Derby Mine; Access <br />Deaz Mr. Erickson: <br />sss <br />Fax: (303) 592-7680 <br />Receiveq <br />'j0+ ~~ 1 1999 <br />Oivisio~ of 9o Field Oryice <br />Minerals 8 Geolo~t <br />RECEIVED <br />NOV 04 <br />Division 1998 <br />olMineray ~ ~epjo9Y <br />In response to the request you made to our client, Precious Offerings Mineral Exchange, <br />Inc. (the "Company"), we have been asked to state the basis for the Company's access to the <br />Brown Derby Mine. <br />Access to the Brown Derby Mine is over an existing road heading east from Highway <br />162, approximately six miles north of Parlin, Colorado. The access road is approximately two <br />miles long, and is shown on the Location Map included in Exhibit A to the Company's Limited <br />Impact Section 110 Reclamation Permit Application. We believe this road is public, because it <br />was built with public funds by the United States Forest Service under authority of the War <br />Production Boazd. It was built in 1944 specifically to access the Brown Derby Mine, and has <br />been in continuous use since then. <br />We refer to the documents attached to this letter as Attachments "A" through "E," and we <br />offer the following narrative in respect of those documents. Attachments "B" through "D" were <br />included in Exhibit G to the Company's Permit Application. <br />"Access Roads," page 495 of "Mineral Resources of Colorado, "State of <br />Colorado Mineral Resources Board, 1947. The complete publication is not in our <br />files. The "Access Roads" section describes the statutory authority and <br />administrative procedure for construction of roads under authority of the War <br />Production Board. <br />Generally, under the Defense Highway Act of 1941, Congress authorized the <br />Commissioner of Public Roads to construct mine access roads when they were <br />