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NEWMONT <br /> GOLDCORP <br /> C. Interests Owned by Co-tenants. <br /> Colorado has a statute granting broad rights to a co-tenant of mining property. This statute <br /> specifies that any tenant in common shall have the right to "enter upon, occupy, prospect, <br /> develop and work" a mine, "in a minerlike manner, extracting, milling, and disposing of the ore <br /> from the common property without the consent of any nonworking tenant in common, subject <br /> to accounting to the nonworking tenant in common for his proportionate share of the net profits <br /> of such mining operations." C.R.S. §34-44-103. <br /> Although consent of a nonworking co-tenant is not required,the working co-tenant who wishes <br /> to take advantage of this statute must give prior notice to any nonworking co-tenant, stating <br /> the intention to work the common mineral property. C.R.S. § 34-44-108. Such notice must <br /> describe the property with certainty, and must give the name and address of the working co- <br /> tenant, the general plan, the date of commencing the mining operations, and the probable <br /> duration thereof, and invite the other co-tenant to join in the mining operations. <br /> D. Severed Mineral or Surface Estates. <br /> The Colorado Supreme Court adopted a "due regard" concept which requires that mineral <br /> owners and surface owners each "must have due regard for the rights of the other in making <br /> use of the estate in question." Gerrity Oil& Gas Corp. v. Magness, 946 P.2d 913, 927 (Colo. <br /> 1997). This concept, widely accepted in Texas and other mineral-producing states, is also <br /> known as the "accommodation doctrine." The doctrine provides that the mineral owner must <br /> give due regard to the interests of the surface owner such that mineral owners must take steps <br /> to accommodate surface uses and that neither the surface nor mineral owner has the right to <br /> exclude the other. <br /> E. Legal Right to Enter Right-of-Way and Easement Property <br /> 1. CC&V has the right to enter Colorado State Highway Department and Teller County <br /> Road and Bridge Department Rights-of-Way via permits, and any and all easements, <br /> above and below ground, belonging to or granted to Black Hills Energy, CenturyLink <br /> (formerly known as Qwest Communications), and Colorado Natural Gas Company. <br /> Please see Drawing C2 for the locations of pertinent roadways, power lines, phone <br /> lines, natural gas lines, and water lines; <br /> 2. CC&V holds an executed, January 13th, 2016 Permit Permission Letter from El Paso <br /> Lode, Inc. and El Paso Properties, Inc. <br /> Cripple Creek &Victor Gold Mining Company Exhibit N <br /> Cresson Project Amendment 13 <br /> 23 <br />