I have copies of all of the Proof of Labor Certificates filed by Fremont concerning the several claims. I have attached one herein which is representative of all the Proof of Labors. The nature of the assessment work performed by Fremont Energy Corporation does not lend itself to verification by investigation of the premises. The Proof of Labor, in pertinent part, recites that the assessment work has been done by surface surveys, surface geological, geophysical or other examination or surveying of the surface formations, correlating surface or underground formations by geological comparison or otherwise, photographic work--black and white, color, infrared or other type of film on out crops, etc. This type of assessment work was found not to satisfy assessment work in the case of Lewis v. Carr, 49 NEV. 366, 246 PAC. 695 (1926). However, a recent federal statute has provided that assessment work may be satisfied by geological, geochemical and geophysical surveys conducted by "qualified experts" and verified by a detailed report filed in the county office in which the claim is located... 30 USC 28 (1958). In light of the current federal statute and the age of the cited case, it would be difficult to categorically state the assessment work was improper. EFA:vm Such Before me, the subscriber, personally appeared W. J. Murphy, who, ing duly sworn, says that assessment work on the following named uncented lode mining claims has been done for the current year or has been started in part or is now in the process of being done and is projected to continue until such time as may be required to complete such work. assessment work has been or is being or will be performed at many places on the mineral claims hereinafter named. This assessment work consists of many types and kinds of work or activities or expenditures, among which may be any of the following: Travel to, from and on the claims by any employees, contract workers or geologists or other personnel; radiometric surveys; radiometric map preparation; surface surveys; surface mapping; drilling operations, geologic examination of drill hole cuttings; geological, geophysical, or other examination or surveying of surface formations; correlating surface or underground formations by geological comparison or otherwise; water sampling and analytical work on water sampling; payment of wages by money or other things of value to contract workers or other workers; photographic work - black and white colored infra-red, or any other type of film on outcrops, drill hole cuttings, surface exposures, terrain features, geological requirements, and other desirable photography; resetting or replacing of posts, or any other markers of any kind; geological, geophysical, or drill hole, or any other types of reports; rental or repair of equipment, and other kindred expenditures; road construction, road repair; expenditures for supplies and equipment and/or related repairs; and any and all other means that may have been or will be applied to such assessment work. The claims to which the foregoing pertains are located in Sweetwater County, Wyoming and are described as follows: biLL Claims, beginning with No. 2 and numbered more or less consecutively through No. 1100, and located in Sections Nos. 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31 and 32, Township 24 North, Range 98 West; in Sections Nos. 5, 6, 7, 8, 17 and 18, Township 23 North, Range 98 West; in Sections Nos. 1, 2, 3, 4, 9, 10, 11, 12, 13, 14 and 15, Township 23 North, Range 99 West; in Sections Nos. 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 21, 22, 23, 2 25, 26, 27, 28, 33, 34 and 35, Township 24 North, Range 99 West. Such assessment work is with the authorization of Ralph Schauss and Fremont Energy Corp. owner of said claims, for the purpose of holding legal title to said claims. Subscribed in my presence and sword to before me this 19 77 As of the above date, I completed an examination of the records described below, insofar as they cover the lode mining claims listed in Exhibit A attached hereto. On the basis of that examination, it is my opinion that said mining claims are owned as set out below. Records Examined: 1. Direct examination by the undersigned of the records of Sweetwater County, covering all of said mining claims from inception of title to the date hereof. 2. 3. Direct examination by the undersigned of the records in the Title materials furnished by you, consisting of copies of Summary of Title: Subject to the comments set out below, it is my opinion Comments and Requirements: 1. 2. : All of the subject claims were located in 1968 and are Requirement: None. Advisory only. of 1% overriding The ROB claims are free of any liens or encumbrances of Requirement:: None. Advisory only. 3. 4. 5. The location certificates are in proper form and recite proper posting and the discovery of uranium, thorium, or other valuable minerals. The county records contain proper affidavits that the required annual assessment work has been performed on the claims. In this opinion, I have relied upon the recitals contained in the location, certificates and affidavits of assessment work. Requirement: د Satisfy yourself by actual field examination of the affected lands and of the evidence of discovery and performance of assessment work that the recitals contained in the cited instruments are correct.. The lands covered by the claims consist of unpatented public domain and lands patented into private surface ownership with all minerals reserved to the United States. The federal records reflect no withdrawals, reserve designation, or mineral classifications which would bar mining entry at the time the subject claims were located. Most of the lands have been classified for multiple use management under Public Law 86-607, have been classified valuable for coal, and are subject to federal oil and gas leases. The conduct of exploration or development for coal or oil and gas is no bar to mining entry but may cause some interference with mining operations. The applicable laws and regulations contemplate such multiple uses of public lands, but do not define the relative rights and obligations of the various users with respect to each other. As to the lands which have been patented with all minerals reserved to the United States, the mining proprietor and the surrace owner have reciprocal rights and obligations in their use of the land. The lands covered by the claims are subject to several Requirement: None. Advisory only. 6. The county records reflect various mining claims which :nay have been in conflict with the subject claims. However, there is no indication in the records examined that the subject claims were located in trespass on prior valid claims or have become subject to valid relocation. Requirement: The surface inspection recommended above should' include a search for any evidence of mining claims adverse to the subject claims. Any such evidence should be reported to counsel for possible further requirement, 7. Irregularities in area or boundaries not shown in the official survey plats and unrecorded possessory claims, liens, easements, and improvements are not disclosed in the records examined. Requirement: such matters. The lands should be inspected carefully for JRL: VW Yours very truly, James R. Learned James R. Learned |