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OCT 25 '99 16 12 FR REFERS RND CRRUER 3035927680 TO 919702475104 P.02i16 <br />• • <br />Alters ~ Carver, ltc II 1111 l ll l 111111 111 <br />Attameye At Law <br />999 <br />Equitable Bvilding <br />730 17tL Street. 6uite 340 <br />Tel: (303) 592.767p Denver, Colorado 80101 Pax: (303) 591.7680 <br />October 15 , 1999 <br />Yta Facsimile Transmission and U.S. Mail <br />(970)147-5104 <br />Colorado Department of Natural Resources ~e`Ved <br />Division of Minerals a0d Geology R <br />Atha: Mr. wally Erickson 19g9 <br />484'Iltrner, Building F, Sttite 101 ®C+~ ~, rJ <br />Durango, CO 81301 <br />Re: Brown Derby Mine; Access putango.~eeaa &HG8 to9Y <br />DNislon of th <br />Dear Mr. Erickson: <br />Ia response to the request you made to our client, Procious 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 Perlin, 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 4Lnds by the United States Forest Service under authority of the War <br />Production Board. It was built in 1944 specifically to access the Brown Derby Mino, 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 />1. "Access Roads; 'page 495 of "Mines! Resources of Colorado. "State of <br />Colorado Mineral Resources Board,1947. The complete publication is not in out <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 />