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ASTRELLA & RICE PC <br />ATTORfYEY'S AT LAW <br />November 16, 2005 <br />Ms. Michelle Martin <br />Weld County Planner II <br />918 101h Street <br />Greeley, Colorado 80631 <br />RE: Asphalt Paving Co. <br />Wattenberg West Mine Permit Application USR-1533 <br />Township 1 North, Range 67 West of the 61h P.M. <br />Section 25: NW/4 <br />Dear Ms. Martin: <br />We represent Asphalt Paving Co. with respect to oil and gas issues. Previously, <br />Asphalt Paving had stated in its Use by Special Review application dated October 11, <br />2005, that it was working with Noble Energy, Inc., ME III Corporation and TOP <br />Operating Co. to obtain surface use agreements for the above-referenced property. <br />Upon further research, we have discovered that Noble Energy is not an oil and gas <br />operator on this property. As such, Asphalt Paving does not need to enter into a <br />surface use agreement with this party. If you have further questions about this matter, <br />please feel free to contact me. <br />Very truly yours, <br />Rachael B. Gamble <br />/rbg <br />cc: Mr. Jeffrey Keller (Asphalt Paving Co.) <br />Ms. Maureen Jacoby (Banks and Gesso, LLC) <br />IBOl 9ROADtPA1' SciTe 2G00 <br />DESCER CO 80202 <br />303 292 9021 pnx 303 29G G347 <br />http://.r q~e~.astrellalae•.com <br />