2017-04-18_PERMIT FILE - M2017007

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S State of Colorado Division of Reclamation, Mining and Safety Department of Natural Resources April 18, 2017 Page 5. (iv) The Scope of Easement Created by Implication Even if the Applicant argues that the Perrinos acquired an easement to use the Access Road by implication, which is denied, the scope of the easement is equivalent to the extent of the prior use, which would have been in this case for the Perrinos to access their house and land for private purposes. (Citation omitted). If the easement by implication was created based on necessity, which is denied, the scope of the easement would be strictly limited to the scope of the necessity, which was the private entry onto their property. (Citation omitted). (v) The Scope of Easement Created by Prescription The scope of a prescriptive easement will be only as wide as the purpose the holder of the easement undertook the action that led to the creation of the easement. In such event the scope of the easement will be interpreted as very narrow. (Citation omitted). So, even if in this case there was a prescriptive easement created unbeknownst to the Interested Parties, which is denied, such easement was created for the Perrinos' private use, and not for future change in circumstances, such as mining. Therefore, such prescriptive easement's scope may not be extended to include an easement for a mining operation. CONCLUSION Exhibit N of the Application clearly reveals that the Perrinos did not grant an easement right to the Applicant in the Access Road, only a "profit" to use the Perrinos' own land. Even if the Perrinos did grant such right to use the Access Road by the Applicant such grant would be without legal effect, as the Perrinos may not grant what they do not have, to wit: (i) the Perrinos do not have any recorded interest in the Access Road;