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Division of Minerals and Gcelogy <br />February 16, 2006 <br />Page 2 <br />For these reasons, Ken-McCree objects to any future plat approval or surface development <br />that fails to fully recognize and accommodate Kerr-McGee's access to, and utilization of, its <br />valuable property rights in Section 36, Township l North, Range 67 West. Kerr-McGee requests <br />~~ that the Division require an executed surface use agreement between the stuface owner and the <br />mineral owners prior to final plat approval as a condition of this application. Moreover, any future <br />plans should incorporate and designate those lands to be set aside for mineral development and <br />expressly address what measures will be taken to protect Kerr-McGce's current and future wells, <br />pipelines, gathering lines and related oil and gas facilities and equipment. <br />Please contact me at 720.264-2642 if you have any questions or comments about this <br />matter. Kerr-McGee hopes to conclude a mutually acceptable surface use agreement with the <br />surface owner of the Property and looks forward to cooperating with the Division to accomplish its <br />land use planning goals. <br />Sincerely, <br />KeTrr-McGee jR~ocky untaln, LLC <br />t V~ <br />Terry~t <br />Iandm cialist <br />cc: Hall-Irwin Corporation, Applicant (by facsimile and U.S. mail) <br />Weld County Clerk and Recorder's office, Weld County Clerk to the Board of <br />Commissioners (by facsimile and U.S. mail) <br />James P. Wasoa--Kerr-McGee Rocky Mountain Corporation <br />