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MASSEY SSMENOFF STERN ~ SCHWARZ~ P.C. Ms. Erica Crosby Mazch 13, 2000 Page 5 Mineral Reserves, Inc. "may occupy and use the surface estate and other portions of the Property for the purpose of sampling, drilling and testing for, mining, quarrying, excavating, removing, and selling sand and gravel from the Sand and Gravel Estate." (Emphasis added) Exhibit A at page A-2, Paragraph 2 further confirms that Mineral Reserves was entitled to "occupy and use all portions of the Property (including the surface [hereon for crushing, screening, and other processing of sand and gravel...." (Emphasis added) The sccond document conveys Mineral Reserve's interests in the sand and gravel estate to Southdown, Inc. Exhibit B at page B-2, Pazagraph 14 of the second document corms that the conveyance includes, by reference, the terms, conditions and covenants set forth in the first document, including the right to use the surface to access the sand and gravel estate. In summary, Southdown, Inc., and not Henry Braly or Frontier Materials, Inc., owns the ' sand and gravel estate on the western most pazcel, along with the appurtenant right to occupy the surface to access the construction materials. As such, the letter agreement supplied in Attachment E, which memorializes Southdown's understanding that Western Mobile Boulder will be mining various properties Southdown owns within the proposed mine permit boundary, should suffice to demonstrate the applicant's legal right to enter as provided in Rule 6.4.14. I hope you find the information supplied above not only useful, but responsive to the concerns outlined in Adequacy Review No. 2. Should you have any additional questions regazding anything set forth in this letter, please do not hesitate to call me or Mike Hart. Thank you. J ' Attachments r Very truly yours, MASSEY S ENOFF STERN & SCHWARZ, P.C. Jeffrey W. Schwarz i