ENFORCE28267

• Permit No: M1999074
• IBM Index Class Name: Enforcement
• Doc Date: 1/18/2000
• Doc Name: ADMINISTRATIVE APPEAL BROWN DERBY MINE PN M-99-074 FN 14556
• From: RUSSEL WILDERSON OHAYRE AND DAWSON PC
• To: DMG
• Media Type: D
• Archive: No

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ATTORNEYS AT LAW
HARRISON F RUSSELL
RUFUS O WILDERSON
ROBERT M O'HAYRE
MICHAEL C DAWSON
OF COUNSEL
ROBERT E WRICHi, JR
120 NORTH TAYLOR STREET
P.O. BOX I ]9
GUNNISON, COLORADO B 1230
January 15, 2000
Colorado Mined Land Reclamation Board
Colorado Division of Minerals and Geology
1313 Sherman Street, Room 215
Denver, Colorado 80203
Mr. Wallace H. Erickson
Colorado Division of Minerals and Geology
701 Camino Del Rio, Room 125 .
Durango, Colorado 81301

DAWSON, P.C.
TELEPHONE
19]0)641 3326
TELECOPIER
19 JOI 64 I -3094
E MAIL
[e-mail]
DENVER
OFFICE
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Re: Administrative Appeal, Brown Derby Mine, Permit No. M-99-074
Our file no. 14,556
Ladies and Gentlemen:
By letter addressed to Mr. Erickson dated December 16, 1999, this firm requested
an administrative appeal on behalf of David J. McLain and LaDonna J. McLain with respect
to the alleged right of access claimed by the applicant for the above permit over a road
crossing the McLains' property, other private property, and Forest Service and Bureau of
Land Management property to the Brown Derby Mine.
Please note the following:
1. Neither the Forest Service nor Bureau of Land Management claim any right of
access over the McLain property or the existence of any document creating any right of
access by private parties.
2. Our examination of an abstract of title covering the McLain property, as well as
an examination of the records in the office of the Gunnison County Clerk and Recorder,
did not disclose the existence of any instrument purporting to create any such right of
access.
3. The applicant itself apparently cannot assert the existence of any recorded
document creating such right of access, instead in essence arguing that since the Forest
Service was required to obtain a legal right of entry before expenditure of public funds for