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• <br />• <br />Drill Pads: Drill pads will be designed to minimize surface disturbance. The maximum size of <br />the drill pad will be 150' x 200'. The estimated surface disturbance for the drill pad will be 0.7 of <br />an acre. Construction of the pad would proceed by first selectively clearing brush/vegetation, <br />removing the topsoil, and stockpiling for future use in later reclamation, and leveling the subsoil <br />to form a flat pad. A mud pit will be constructed on the prepared pad. A berm will be <br />constructed around the pad to contain and divert any runoff into the mud pit. If necessary the <br />mud pit will be pumped out to reduce its content and to insure overflow does not occur. <br />5. Water for Drilling: Water will be supplied to the drill pad via water trucks unless another <br />agreement is reached with Derby. <br />6. Reclamation: Reclamation of the drill pad will involve re- grading the site to the approximate <br />original contour, reestablishing disturbed drainage, topsoil replacement, and reseeding all <br />disturbed areas. Reclamation activities will commence immediately after drilling activities are <br />complete. Reseeding will be done with certified weed free seed mixes described by the USFS for <br />Mountain Shrub Communities. The mud pits will be pumped dry and pumped material will be <br />disposed of at a State of Colorado approved site. <br />7. When the drilling is complete the drill hole will be plugged per State of Colorado requirements, <br />the top 10' of casing will be removed, and the soil regraded to the approximate original contour. <br />8. Construction Schedule: BRL will limit the length of time from the commencement of the <br />construction of the drill pad(s) to the completion of reclamation as much as possible. It is <br />estimated that the construction window will be four to six weeks but depends heavily on the <br />drilling contractor's availability and schedule. BRL can not be responsible for delays due to the <br />drilling contractor or adverse site and geologic conditions encountered. <br />9. Gates: All gates presently locked by Derby shall be kept locked at all times. If access is required <br />through the said gates Bowie will provide a separate lock to be used for access to drilling <br />activities. If new access roads cross existing fences BRL will install brace posts and metal gates. <br />10. Timing: This agreement will be good for one year from the date it signed. <br />11. Encumbrances: BRL shall keep the lands free and clear of any and all liens and encumbrances <br />arising or which may arise, for any reason, out of BRL use of the land. <br />12. Hold Harmless: BRL shall defend, indemnify and save Derby or their duly authorized agent, <br />harmless from and against any and all losses, costs, expenses, claims, suits, or actions, including <br />all reasonable expenses and attorney's fees, arising out of injury or death of any person or <br />persons, or arising out of loss of or damage to the property of any person or persons caused by or <br />resulting from, directly or indirectly, any act or omission of BRL, or any of its agents or <br />employees. <br />Surface Use and Access Agreement <br />2 of 3 <br />