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• <br />6. Permit Number M-99-074 was issued to Precious Offerings on Wednesday, <br />October 20, 1999. On Friday, October 22, 1999, Mr. Wally Erickson called Precious Offerings <br />to inform us that Mr. McLain had contacted the Forest Service and the Division of Minerals and <br />Geology concerning Precious Offerings' right to use a portion of Brown Derby Mine Access <br />Road. Mr. Erickson requested that we get in touch with the United States Forest Service. <br />7. I personally met with Ms. Jamie Kingsbury of the Forest Service that same <br />afternoon. After reviewing the documents I provided her, Ms. Kingsbury agreed that Precious <br />Offerings had demonstrated access over Brown Derby Mine Access Road. I understand that she <br />conveyed this message to Mr. Erickson. <br />8. I then contacted Mr. and Mrs. McLain and set up a time to meet personally with <br />them to discuss use of Brown Derby Mine Access Road. We picked a time that would allow my <br />business partner, Laurel Conrard, to travel to Gunnison to be present at the meeting. <br />9. Ms. Conrard and I met with Mr. and Mrs. McLain on October 24 or 25, 1999, and <br />explained that the Forest Service and the Division of Minerals and Geology had accepted <br />Precious Offerings' right to use Brown Derby Mine Access Road. Precious Offerings continued <br />to use Brown Derby Mine Access Road after this meeting. <br />10. I met Mr. McLain on County Road 162 several days after our October 24 or 25, <br />1999 meeting. He told me that he was not satisfied with Precious Offerings' use of Brown <br />Derby Mine Access Road, but did not prohibit our continued use of the road following this <br />meeting. <br />11. Precious Offerings received Mr. McLain's Request for Administrative Appeal <br />dated December 16, 1999. This request was filed by Mr. McLain's attorney, Robert E. Wright, <br />Jr., of Russell, Wilderson, O'Hayre & Dawson, Gunnison, Colorado. <br />12. Precious Offerings also received Mr. Wright's December 17, 1999 letter, written <br />on behalf of Mr. and Mrs. McLain. That letter admits Precious Offerings' use of Brown Derby <br />Mine Access Road, but alleges that such use was permissive. The letter attempts to revoke <br />permission to use the road. A photocopy of the December 17, 19991etter is attached to this <br />Affidavit. This letter is the first instance of Mr. and Mrs. McLain attempting to prohibit Precious <br />Offerings' use of the portion of Brown Derby Mine Access Road owned by them. <br />