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2. Disturbances made on land in the process of revegetation will not be the <br />responsibility of Schmidt Construction if the disturbances do not recover. <br />3. Bond release will not be hindered by the presence of oil and gas exploration <br />disturbances on reclaimed land. <br />a. However, the oil and gas development entities may be held responsible <br />for such disturbances on reclaimed land if such damages are deemed <br />essentially permanent and cause environmental damage similar to <br />unreclaimed land. <br />b. Schmidt Construction shall not be held responsible for repairing such <br />disturbances. <br />B. Oil and gas development disturbances <br />1. Roadways, drill pads, and pipelines within the permit area. <br />2. Roadways, drill pads, and pipelines will not be allowed within reclaimed lands <br />that have not been released from bond. Such facilities will be allowed if first <br />released from the permit by normal procedures described in the rules and <br />regulations. <br />3. Chemical or other spills of liquid, semi -fluid, or solid material or waste from <br />oil and gas development facilities or transport whether intentional or <br />accidental. <br />III. Joint responsibility <br />A. Roadways and associated features such as drainage ditches and cattle guards that are <br />considered permanent by the Colorado State Board of Land Commissioners. <br />1. No reclamation will be required on such roads (see page 30 of Reclamation <br />Plan, Exhibit F). <br />2. Maintenance including dust and erosion control will be the responsibility of <br />all parties who use the roads, as determined by the Colorado State Board of <br />Land Commissioners. <br />B. All other facilities within the Lowry Range property that are jointly used by multiple <br />lessees shall be considered excluded from sole responsibility by Schmidt <br />Construction. <br />Technical Revision - Coal Creek Resources - M- 1988 -044 September 2011 Page 3 of 5 <br />