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overburden or other suitable material prior to excavating the next pie shaped area; provided, <br />however, that in no event shall Journey Ventures, LLC mine closer than shown on Exhibit A and <br />provided further that in no event shall more than one quarter circle segment of the pie shape be <br />excavated at any one time. Excavation in the Oil and Gas Operations Areas will be coordinated <br />with Petroleum Development Corporation in a mutually acceptable manner so as to minimize <br />conflict with Petroleum Development Corporation's oil and gas operations and to ensure there is <br />an appropriate safety plan and interim emergency procedures. Journey Ventures, LLC will bear <br />all costs associated with the mining operation, including permanent or temporary rerouting and <br />replacement of access roads, and flowlines and utility lines in order to prevent unnecessary <br />interruption of production from any affected Well. <br />Journey Ventures, LLC will not locate any lot line, building, or structure within any Oil <br />and Gas Operations Area. Journey Ventures, LLC understands and acknowledges that the <br />COGCC has rules and regulations that apply to the distance between a wellhead and public <br />roads, production facilities, building units and surface property lines, among other things. <br />Journey Ventures, LLC agrees not to object to the use of the surface in the Oil and Gas <br />Operations Areas so long as such use is consistent with this Agreement and Journey Ventures, <br />LLC will provide Petroleum Development Corporation or its successors and assigns with <br />whatever written support they may reasonably require to obtain permits from the COGCC or any <br />local jurisdiction. <br />As part of the consideration for this Agreement, Petroleum Development Corporation <br />hereby waives its right to, and covenants that it shall not protest or object to any of the foregoing: <br />Petroleum Development Corporation will not locate any equipment, wells, building, or structure <br />within the mining permit boundary except as shown in Exhibit A for the Journey Ventures Pit. <br />Petroleum Development Corporation understands and acknowledges that the DRMS and Weld <br />County have rules and regulations that apply to the distance between structures, roads, utilities, <br />and surface property lines, among other things. Petroleum Development Corporation agrees not <br />to object to the use of the surface in the permitted mining boundary so long as such use is <br />consistent with this Agreement and Petroleum Development Corporation will provide Journey <br />Ventures, LLC or its successors and assigns with whatever written support they may reasonably <br />require to obtain permits from the DRMS, Weld County or any local jurisdiction. <br />3. GATHERING LINES AND FLOWLINES. <br />Subject to the limitations hereinafter described and the Lease, Petroleum Development <br />Corporation has a continuing right and entitlement to own, operate, maintain, repair and replace <br />all existing and future flowlines, gathering lines and other pipelines that may be necessary or <br />convenient to its operations on the Property identified in Exhibit A ("Pipelines"). The <br />construction and burying of additional Pipelines shall be at the sole cost and expense of <br />Petroleum Development Corporation or its gas purchaser. <br />Specific locations have been designated on Exhibit A for the location of the Pipelines <br />("Petroleum Pipeline Easements").The Petroleum Pipeline Easement shall be fifty feet (50') in <br />width during construction, installation or relocation operations and otherwise reduced to thirty <br />feet (30') in width for post-construction usage. <br />Page 3 of 10 <br />12