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E. Legal Right to Enter Severed Mineral or Surface Estates <br />As a matter of Colorado common law, a surface owner may use the surface estate in any <br />manner that is not inconsistent with the rights of mineral owner. The surface owner must <br />allow the mineral owner access to his/her property. <br />F. Legal Right to Enter Right-of-Way and Easement Property <br />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 Aquila, Inc., Qwest <br />Communications, and Colorado Natural Gas Company. Please see Drawing C2 for <br />location of pertinent roadways, power lines, phone lines, natural gas lines, and water <br />lines. <br />G. Legal Right to Enter Certain Property Not Currently Within the Permit <br />Boundary <br />The current permit application excludes certain property owned by the Cripple Creek & <br />Victor Narrow Gauge Railroad, as those claims are not part of the proposed MLE <br />activates. Under an existing agreement between the railroad and CC&V, CC&V has the <br />right to mine the excluded property and may in future permit applications include those <br />lands as being within the permit boundary. <br />3.D.2(c) Documentation of Mailed Notices <br />Documentation of mailing of notice of the Cresson Project Mine Life Extension <br />application filed with the OMLR will be provided upon receipt. All owners of mineral <br />and surface estates as well as all adjacent property owners will be notified of the OMLR <br />application by a certified letter with return receipt requested. <br />3.D.2(d) Adjacent Property Owners List <br />The adjacent property owner list is provided in Table 1 in Section 3.D.2(a) above. <br />3.D.2(e) Mailing Labels or Envelopes <br />Mailing labels for all adjacent surface owners are included as Attachment 2 to this <br />application. <br />3.D.2(f) Written Description <br />Attachment 4 includes the Project Description is taken from the 7 volume application <br />submitted to the OMLR within the Division of Reclamation, Mining and Safety. The <br />entire OMLR application is also included as part of the Teller County Mining <br />Development Plan Amendment application and references to appendices included in the <br />Project Description in Attachment 4 are those appendices attached to the OMLR <br />application. <br />• <br />Cresson Project Mining Development Plan Amendment 1 <br />Attachment 1 <br />Page 36