2015-12-09_PERMIT FILE - M2015030

• Permit No: M2015030
• IBM Index Class Name: PERMIT FILE
• Doc Date: 12/9/2015
• Doc Name: Structure Agreements
• From: Asphalt Specialties
• To: DRMS
• Email Name: ECS
• Media Type: D
• Archive: No

[111111 11111 IAIIIIIVI IIN NIIIIHIII III IIIIIII01111
3591169 11/21/2008 02:18P Weld County, CO
5 of 22 R 111.00 0 0.00 Steve Moreno Clerk & Recorder
a. KMG shall install and maintain, at its sole cost and expense, all fences
around the Existing Wells and any Future Wells in compliance with the Rules and Regulations of
the COGCC;
b. KMG shall install and maintain, at its sole cost and expense, all gates and
locks reasonably necessary for the security of any Wells or Production Facilities in the Oil and
Gas Operations Areas. Such gates and locks shall be the standard gates and locks used by KMG;
c. KMG shall paint any production facilities for any Wells, including
wellhead guards, with paint that is approved by the COGCC; and
ASCI shall not inhibit KMG's access to the Oil and Gas Operations Areas or inhibit
KMG's operations within the Oil and Gas Operations Areas or in the vicinity of the Production
Facilities by landscaping or other improvements, unless otherwise agreed upon between ASCI
and KMG. ASCI shall place temporary concrete barriers around all Production Facilities as
directed by KMG before any nearby mining operations commence. In no event shall ASCI mine
within 90 feet of any Production Facilities or stockpile mined materials within a radius of 50 feet
of any Production Facilities.
6. NOTICE OF FUTURE OPERATIONS.
KMG shall provide at least seven (7) days prior written notice to ASCI of any operations
in connection with the reworking, fracturing, deepening or recompletion operation on an Existing
Well or Future Well; provided, however, that KMG shall provide at least thirty (30) days prior
written notice to ASCI of the initial drilling of any Future Wells. Regardless of the foregoing
notice requirements, KMG shall have immediate access to any of its facilities in the event of an
emergency.
After receipt of the above notice, but not less than five (5) working days prior to KMG's
mobilization on the applicable Oil and Gas Operations Areas, either KMG or ASCI may request
an on-site meeting. The purpose of the meeting shall be to inform ASCI of the expected activity
and to coordinate site access, hazards, barricades, restoration or any other issues that affect the
use and safety of ASCI's development.
7. COMPLIANCE WITH SAFETY REGULATIONS.
KMG understands that ASCI surface mining operations on the Property are subject to
certain MSHA regulations. KMG agrees that while conducting operations on the Property, it
will comply with such reasonable MSHA requirements which ASCI notifies KMG are applicable
to KMG's operations on the Property. KMG also agrees to inform its contractors and
subcontractors about such requirement.
5
Surface Use Agreement