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explore for, develop and produce oil and gas from its leasehold interests or the Leased Lands. <br /> KMOG requests that the Colorado Division of Mining and Safety withhold final plat approval <br /> until such time as the Applicant and KMOG have concluded the agreement. Any future <br /> surface development plans on the Application Property should incorporate and designate lands <br /> to be set aside for mineral development and expressly provide protection for KMOG's current <br /> and future wells, pipelines, gathering lines and related oil and gas facilities and equipment. <br /> Approval of any surface development plan that forecloses the rights of mineral and leasehold <br /> owners may be a compensable taking. <br /> Please contact me at 720-929-6023 if you have any questions or comments about this <br /> matter. KMOG hopes to conclude a mutually acceptable agreement with the surface owner of <br /> the property, and we look forward to working with the Colorado Division of Mining and Safety <br /> to accomplish its land use planning goals. <br /> Sincerely, <br /> KERR-MCGEE OIL& GAS ONSHORE LP <br /> 4 <br /> Clint Hebert <br /> Landman <br /> cc: Jeff Fiske, Lead Counsel <br /> Ron Olsen <br /> Jake Billadeau <br /> Justin Shoulders <br /> Paul Ratliff <br /> A SU6Soji<%i., c). PETNf)LEUM GORPC)i:AI I')N <br />