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ENCANArM <br />February 3, 2004 <br />Peter Wayland <br />WSI Weiland Sugnet, Inc. <br />Environmental solutions <br />10395 Colfax Avenue, Suite 350 <br />Lakewood. Colorado 80215 <br />Re: Proposed Asphalt Specialties Co., Inc. <br />Turnpike Gravel Pit T2N-R68W Section 31 <br />Mr. Wayland, <br />In reference to the above-described project which would encroach upon our pipeline right-of-way <br />by the excavating and removal of soil within 10 feet of our pipeline for a period of 2 weeks after <br />which time the full 25 feet width of our right-of-way would be restored, we do not believe this <br />would have a negative effect on our utility. According to the survey you provided, this <br />encroachment would be only for a distance of approximately 1200 feet along the south line of the <br />NWT/a of said Section 3 L It is my understanding that all other areas of our right-of-way would <br />not be encroached upon during Asphalt Specialties' operations. <br />We would Tike to ensure that should anything happen during the removal of the soils from our <br />right-of-way, which would result in the accidental exposure of our pipeline, that you would <br />immediately notify EnCana and stop all construction activities until our pipeline has been <br />inspected for damage. We request that Asphalt Specialties indemnify and hold EnCana harmless <br />from and against any and all loss and damage caused by the exercise of Asphalt Specialties' <br />encroachment upon ErCana's right-of-way o- by any wrongful or negligent act cr omission cf <br />Asphalt Specialties' agents or employees. We also request that Asphalt Specialties' activities on <br />EnCana's right-of-way be conducted consistent with the "Right-of-Way Agreement" recorded on <br />March 12, 1984 as document number 01958881 in the records of the Weld County Clerk and <br />Recorder. <br />Our other concern is that our right-of-way would be used for access roadways used by heavy <br />equipment. Our pipeline is not presently buried deep enough to permit this type of activity. <br />Should you deem it necessary to use our right-of-way for any type of roadways, we would expect <br />to have Asphalt Specialties to pay for the lowering and any other protections needed for our <br />pipeline. <br />GnCan^ liner ~~e Rcsuurce~ Inr. <br />I i 13 Denier A~ enue. Puri Lu~iwn. G.IuriJo 8Ufi'_ I <br />3113-659-7740 Far 3113-857-1259 <br />