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03/28/03 08:28 FAX 970 346 3777 BATA,A 0 L <br />03/26/2003 09:23 FA% 872 98U »4LU mnxrr ninxux w <br />~ooa, ~_„ <br />h. Parallel utilities must maintain a minimum of tea feet of separation, unless Merit <br />grants a lesser distance of separation which grans shall ntot be unreasonably <br />withheld. Hall-Trwin will request that all utility companies contact Merit prior to <br />laying lines parallel m Merit pipelines. <br />Conatrucdon of any permanent stricture within Merit's pipeline easement is not <br />permitted <br />j. Planting ofirees and shrubs is root permitted on l~lerit's pipeline easemerrts. <br />k. Meat agrees that, without the prior written consent of Aall-Irwin, it shall not have <br />the right to install tlowlines or pipelines of any kind or nature on the Property <br />except as provided lreralII and in the locations shown on l3xfitbit C. <br />5. NOTICE OF OPERATIONS. <br />Merit will provide the notice required by the Colorado Oil and Gas Conservation <br />Commission in terms of content and time regaireraetrta. <br />G. COIvIPLL9NCE WITH MSSA. <br />Each Party hereto agrees to ooadttet its respective operations in compliance 'with aA <br />applicable Tales and regulations. <br />EXTRACTION IN ViCI1~TITY OF OIL AND GAS OPERATIONS AREAS; <br />SETBACK REQUIREMENTS. <br />a. There shall be a lS0 foot setback radios ("Oil and pas Opettttiong At'ea'~ from a <br />Well. Hall-Irwin shall trot caurstntct or install any stntchues ar improvements <br />within the O$ and Gas Operations Area without the written consent of the Merit. <br />The faregoiaS does not preclude Hall-Irwin from constructing and installing <br />pipelines, o$ter utilities, roads and/or its planned slurry wall within the Oil and Gas <br />Operations Areas as necessary and so long as none of the same tu¢easoaably <br />interferes with Merit's oil and gas operations as contemplated under this <br />Agreemerrt. Upon sending thirty (30) days written notice to Merit ("Notice', <br />temporgy mining operations may occur within the Oil and Gras Operations Areas <br />up 1b 75 feet fmAt a 4Te11 on a quarter circle basis ("Mined Segmeat'~. Mining may <br />be commenced on lands adjacent ib a 1Vlined Segment provided no mote than one <br />cumulative quarter circle segment is subject to mining operations at any one time. <br />All Mined Segments shall be reclaimed to original grade at 95% compaction within <br />Page 5 of 12 <br />