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June 30, 2016 <br />Page 5 <br />Repair of Damages. Although Transit Mix will endeavor to prevent any and all damage to the road, <br />culverts and other improvements installed and maintained by the Permittees, Transit Mix will repair any <br />such improvements within 200 feet of the permit boundary for the Mining Operations that are damaged <br />as a result of the Mining Operations, including Blasting. Prior to commencing the Mining Operations, <br />Transit Mix will conduct a "pre -blast survey" within a half -mile from the permit boundary for the <br />Mining Operations in order to facilitate any necessary repairs. <br />The Mining Operations are a reasonable and anticipated use of Hitch Rack Ranch, and will only minimally <br />interfere with the Permittees use and enjoyment of the ROWs over Little Turkey Creek Road. Such <br />interference, limited to the Crossings and any Blasting, does not rise to the level of being unreasonable with <br />respect to the Permittees, as the potential interference is only temporary and significantly mitigated by the <br />Blasting Plan. This interference, which is expected to last no more than approximately 0.89 percent of a given <br />week, is substantially less than the permanent construction that made the dominant owners' use of the easement <br />in Hornsilver Circle impossible. 904 P.2d 1353. In fact, it is more than likely that most Permittees will not be <br />affected to any extent by the Mining Operations, including the Crossings and any Blasting. <br />Please do not hesitate to contact me with additional questions or any comments. <br />Sincerely, <br />Cory M. Rutz <br />for the Firm <br />cc: Bob Stabo <br />13647083 <br />