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07/02/00 19:92 FAX 970 946 9777 BATAA OIL KEITH M. CROUCH, P.C. Attorney at Law 5015 Ingersoll Place, Bouldey CO 80303 Phone; (303) 444515 or (970) 336-1000 Fax:(303)4A4-5624 ar(9701346-3777 July 2, 2003 Tom Schreiner Division; of Geology and Minerals 1313 Sherman Street, Room 215 Denver, CO 80203 Re: Hall Irwin Corporation Nissen Resource Application and Merit's Law and Sandy Wells Dear Mr. Schreiner. On May 27, 2003 Merit Energy Company ("Merit") was sent a letter concerning the Nissen Farm Resource Gravel Operation by Tetra Tech RMC on behalf of the applicant Hall Irwin Corporation. The letter asked for comment by June 13; 2003. By Memorandum dated June 12, 2003, Merit commented on the proposed mining plan and a copy of that memorandum is enclosed for your information. Until Merit's concerns as sdf forth in the memorandum are addressed in the mining plan, Merit objects to the plan. Of particular concern is whether Merit owns any proved, undeveloped locations in the area covered by the mining plan- Merit is in the process of determining whether there are any proved, undeveloped locations in the area. Merit and Hall Irwin have worked on similar issues in the past in particular in connection with Merit's Bemhardt and Hanson Welis and an appropriate surface."agreement was entered into between Merit and Hall Irwin. l spoke with Jeff Gregg, Hall Irwin's General Counsel, today and he assured me that Hall Irwin was in the process preparing a surface use agreement for the Law and Sandy Wells that will contain the same provisions as the agreement covering the Bemhardt and Hanson Wells. If that is in fact the case, Merit is confident that a satisfactory agreement will be reached prior to the hearing scheduled for the Nissen~Re'source application. ~ 00 ~, ,..,~.