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BEATTY & WOZN7AK, p c. <br />Cheryl Ann Linden, Esq. <br />February 28, 2008 <br />Page 2 <br />Northfield has the right to enter lands within the permit area for the purposes of <br />conducting coal mining operations based on executed leases by and between (1) Northfield and <br />Gus J. Slanovich and Daniel L. Slanovich; (2) Northfield and Myron F. Smith, Sr.; and (3) <br />Northfield and Daniel H. Adamic, Marie M. Adamic and Betty L. Adamic. Memorandums of <br />Leases are attached hereto. <br />As you know, in Colorado, the owner of a severed mineral estate or mineral lessee is <br />privileged to acce:>s the surface and use that portion of surface estate that is reasonably necessary <br />to develop the severed mineral interest. Notch Mountain Corp. v. Elliott, 898 P.2d 550, 556 <br />(Colo. 1995). The; severed mineral owner's right of access includes the "right of ingress, egress, <br />exploration and surface usage as are reasonably necessary to the successful exploitation of the <br />mineral interest." Rocky Mountain Fuel Co. v. Heflin, 148 Colo. 415, 422, 366 P.2d 577, 580 <br />(1961). Such rights of access are tempered by the law of reasonable accommodation. Gerrity <br />Oil & Gas Corporation v. Magness, 946 P.2d 913 (Colo. 1997). <br />Based on the ownership described above, the case law concerning development of the <br />mineral estate, anti the fact that Northfield holds valid leases with the mineral owners, Northfield <br />has the absolute right to develop the minerals notwithstanding potential surface impacts. <br />Northfield certainly intends to conduct its operations with due regard for both the mineral estate <br />and the surface estate and intends to reasonably accommodate the surface that maybe directly <br />impacted by its operations. The statements herein cover all lands that will be or may be affected <br />or disturbed in the; permit area, or contiguous to the permit area. <br />If you have any further questions, or we can be of further assistance, please feel free to <br />contact me. <br />Very truly yours, <br />BEATTY SL WOZNIAK, P.C. <br />`~ usan L. Aldridge <br />Enclosures <br />cc: Kent A. Gorham <br />Environmental Protection Specialist <br />Department of Natural Resources <br />Division of Reclamation, Mining and Safety <br />State of Colorado <br /> <br />1313 Shuman Street, Room 215 <br />Denver, C'O 80203 <br />Northfield Partners, LLC <br />