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<br />Colorado Mined Land Reclamation Board <br />February 14, 2000 <br />Page 2 <br />3. The instrument was limited to construction purposes, and did not mention <br />any further use for access or other purposes. <br />4. It is unclearwhetherthe instrument purported to speak to construction upon <br />the McLain property, or only granted the right to cross the McLain property <br />to gain access to other lands for construction of the Forest Service road <br />thereon. In this regard, please note that the Gunnison National Forest does <br />not claim that Forest Road 831 extends onto the McLain property. <br />5. Most telling, the instrument was not recorded. <br />In short, the fact remains that no legal right of access across the McLain property <br />exists in favor of the applicant, the United States Forest Service, the United States Bureau of <br />Reclamation, the public, or private persons. <br />As we have previously indicated, the McLains do not oppose the granting of a mining <br />permit to the applicant, so long as the same is not premised upon access across the McLain <br />property. We further note that the Mined Land Reclamation Board does not have legal authority <br />to determine the existence of a legal right of access, and certainly not to purport to create such <br />access. <br />We also note that the McLains have made it clear to this Board and to the applicant <br />that the McLains would immediately withdraw their Request for Hearing if the applicant and the <br />McLains could come to an acceptable resolution of the access issue. To date, the applicant has <br />made no proposal to the McLains in that regard whatsoever, but instead seems to take the position <br />that the McLains must take the lead in that regard. It is the McLains' position that they will respond <br />to any offer made by the applicant, but that it is up to the applicant to propose resolution. This it <br />has utterly failed to do. <br />It is our understanding that the undersigned's letters to Mr. Wallace H. Erickson, <br />Environmental Protection Specialist dated December 16, 1999 and to this Board, and to Mr. <br />Erickson dated January 15, 2000, together with this letter, will be included within the record on this <br />appeal. <br />Most sincerely, <br />~~~ ~. ~ <br />Robert E. Wright, Jr. <br />REW/dj <br />Enclosure <br />cc: David and LeDonna McLain <br />Glynda Yoder, Precious Offerings Minerals Exchange, Inc. <br />Bruce C. Kirchhoff <br />Cheryl Linden <br />Mark Held <br />Wallace H. Erickson <br />