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•• Mr. Wally Erickson October 25, 1999 Page 2 •~ certified as important to national defense. The Bureau of Mines examined mineral deposits and approved access roads for construction. Following approval by the Bureau of Mines and the Waz Production Board, the Public Roads Administration could designate the Forest Service to construct the road. This procedure appears to have been followed in the case of the Brown Derby Mine Access Road, as evidenced by the documents included here as Attachments "B" and "C." Indeed, this source shows the Brown Derby Mine Access Road as one of 70 roads in Colorado approved by the Bureau of Mines and War Production Board and constructed or under construction at the time of publication. This reference is attached to this letter and labeled Attachment "A." 2. "Form No. PR-DA-1," dated December 18, 1943, completed by John W. Spencer, Regional Forester, U.S. Forest Service, and addressed to B.W. Matteson, District Engineer, Public Roads Administration. The form is a request by the Forest Service for construction of the Brown Derby Mine Access Road. The request was recommended by W.P. Huleatt, Acting District Engineer for the Bureau of Mines, on February 5, 1944. The form is attached to this letter and labeled Attachment "B." Letter dated Apri17, 1944, from B.W. Matteson, District Engineer, Public Roads Administration, to John W. Spencer, Regional Forester, U.S. Forest Service. This letter acknowledges that the Public Roads Administration received certification of construction of the road from the Waz Production Board; that the Commissioner of Public Roads approved construction, effective April 4, 1944; and that funds were made available for two miles of road construction at a total estimated cost of $8,500. This letter is attached and labeled Attachment "C." Please note the third paragraph of this letter. It specifically required the Forest Service to demonstrate its right of entry prior to final construction authorization. This requirement is consistent with past and present federal and state agency custom and practice. The road could not be built until the Public Roads Administration was satisfied with the right of entry obtained by the Forest Service. The Company has conducted a diligent seazch for documents evidencing the actual right of entry, but has been unable to locate them. However, based on the search, there is no reason to believe that the Forest Service did not acquire proper right of entry prior to construction. "Access Road Report," undated. This handwritten Report evidences completion of construction of the Brown Derby Mine Access Road on June 24, 1944, at an actual construction cost of $8,338.03. It is attached and labeled Attachment "D."