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B. Oil and gas development disturbances <br />1. Roadways, drill pads, and pipelines and other oil and gas activities within the <br />permit area. <br />2. 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, even if it flows onto permitted land. <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 />Method for Removal of Schmidt from Responsibility for Oil and Gas Development Activities. <br />When new disturbances are made within the Reclamation Permit Boundary that result from <br />Oil and Gas development, Schmidt shall submit a release request. The Division will consider <br />that release, including an inspection if considered necessary. Release shall be granted if it is <br />determined by the Division that no further responsibility by Schmidt is necessary. The release <br />request shall be accompanied by a map showing the areas to be considered as well as <br />photographs, as needed, to document the activity being released. <br />In defining land Schmidt desires to have released, consideration should also be given to <br />including an adequate buffer between the oil and gas disturbance and the remaining permitted <br />area so as to maintain a suitable and appropriate separation between the oil and gas activities <br />and any future activities conducted by Schmidt <br />It is understood that once land is released, Schmidt will no longer be able to disturb the <br />released land without first adding that land back into the permit via an amendment. Therefore, <br />considerable care will be exercised in defining exactly what land is included in the release <br />request. <br />Technical Revision - Coal Creek Resources - M- 1988 -044 September 2011 Page 3 of 5 <br />