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The Court accepts and finds the assay of hlr. Kephart tc be far more credible than the others. Mr. Irwin clearly was highly qualified, however he assayed only the sample given [o hirt by Mr. Shaw. Mr. Irwin has no idea as to the validity of the sample given to him by Shaw. Further, in viewing the testimony as [o how Mr. Shaw obtained his sample to give to Mr. Irwin, it appears Shaw took his sample from the gravel pit from materials already washed and processed by West End Gravel. In other words, it appears Shaw took a concentrated sample from material that was already concentrated as opposed to a fair and representative sample of the whole area. The Pene assay result is based upon an assay method not open to scrutiny or examination and not used by anyone else. The Irwin assay result is skewed by the sample assayed. The sampling technique used by Shaw resulted in concentrated samples from already concentrated materials and is highly suspect. The Court would rely on the assay technique and methodology used by Mr. Irwin and Mr. Kephart and relies upon the result obtained by Mr. Kephart, which indicates no economically and feasible quantities of gold or silver on the subject property. In fact, even Shaw testified he could not do what he's doing except for the gravel operation and has no means of processing the so-called head ore without the gravel operation. The material removed by Sutherland Bros. as part of the sand and gravel operation includes the removal of some black sand. When removing road base and pit run material, the black sand is hauled off at the same time. The testimony established that Shaw had notified Defendant Silver Hawk in January or February of 1994 of his one- half interest in [he mineral rights and acknowledged to Defendant that he had no right to the rocks on [he surface, and did not claim any rights in the sand and gravel. Through discussions with Sutherland, the Defendant and Shaw, Shaw was allowed to exercise his mineral rights in and around the gravel pit to remove and process the black sand deposits at the pii. The testimony established that Shaw could establish a small facility at the pit to retrieve the fines, that the washing of the sand and gravel would leave deposits of fine material, and that the installation of a rug, if installed, would leave the black sand and fine material which could be processed by Shaw. In other words, the testimony established that the type of mining sought to be conducted by Shaw could easily go hand-in-hand with an overall gravel operation conducted by Sutherland. Ultimately, Shaw requested to continue with his mineral operation so that he is either paid a sum of money to compensate him for the loss of black sand deposits if sand and gravel is just hauled off, or in the alternative to arrange for the washing 10