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1 illlll Ililllulll111 11111 IN IN <br /> 3505739 09/20/2007 05:20P Weld County, CO <br /> 4 of 15 R 81.00 D 0.00 Steve Moreno Clerk& Recorder <br /> stability report prepared by an engineer licensed in the state of Colorado indicates that a lesser <br /> set back will be adequate for preservation of the integrity of said pipeline and provided that <br /> upon completion of such extraction. Gravel Company shall back fill and level the area within <br /> twenty five feet (25') from any Pipeline. 'Notwithstanding anything herein to the contrary, in no <br /> event shall Gravel Company allow any extraction to occur, commencing al the surface of the <br /> original ground, closer than fifteen feet (15') from any Pipeline without KMG's prior written <br /> approval. <br /> Gravel Company shall not allow any stockpile of soil to be placed over any Pipeline of <br /> KIMG, <br /> When crossing KMG Pipelines with heavy equipment, like earth moving equipment, <br /> Gravel Company will maintain a minimum of four feet (4') and a maximum of six feet (6') of <br /> dirt coverage, in addition to the existing cover over the pipeline. When crossing KMG pipelines <br /> with trucks and lighter equipment, Gravel Company will maintain a minimum of two feet (2') <br /> and a maximum of six feet(6')of dirt coverage, to the existing cover over the pipeline. <br /> The depth of cover over the KMG Pipelines shall not be reduced or drainage over KMG's <br /> pipeline altered without KMG's written approval. <br /> Any utility crossing must be a minimum of eighteen inches (18")vertical separation from <br /> KMG Pipelines. Parallel utilities must maintain a minimum of ten-foot (10") separation, unless <br /> KMG grants a lesser distance of separation which grant shall not be unreasonably withheld. It <br /> would not be unreasonable to withhold such consent due to reasonable safety or operational <br /> concerns. Gravel Company will request that all utility companies contact K.\4G prior to laying <br /> lines parallel to KMG pipelines. <br /> Construction of any permanent structure within KMG's Petroleum Pipeline Easement is <br /> not permitted. Planting of trees and shrubs is not permitted on KMG's Petroleum Pipeline <br /> Easement. <br /> A. ACCESS. <br /> Gravel Company shall provide KMG with continuous access to all of the Oil and <br /> Gas Operations Areas and the Petroleum Pipeline Easement. The access roads to he used by <br /> KMG will either be those roads that currently are in place or those that are anticipated to be <br /> constructed by Gravel Company at its sole cost and expense as part of Gravel Company' <br /> development of the Property. KMG agrees to access the Property according to the routes <br /> depicted and described on the attached Exhibit A. Access to the Oil and Gas Operations Areas <br /> may be changed by mutual agreement of Gravel Company and KMG. <br /> Gravel Company shall maintain and keep any access jointly used by Gravel Company and <br /> KMG in a condition and state of repair that serves the needs of Gravel Company. In the event <br /> such joint access roads needs to be improved in order to serve the needs of KMG, the parties <br /> agree to coordinate any such improvements as may be required by KMG in order to conduct <br /> its operations, provided that any such improvements shall be at KMG's sole cost and expense. <br /> Page 4 <br /> Surface Use Agreement <br />