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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 />PIease 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 />43r. <br />Clint flebert <br />Landman <br />cc: Jeff Fiske, Lead Counsel <br />Ron Olsen <br />Jake Billadeau <br />Justin Shoulders <br />Paul Ratliff <br />A SUBS ID ARY OF ANADARKO PETROLEUM CORPORAT ON <br />