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r I'J / /~j /C/ / <br />n7- ~Zovs -a~,~ <br />~r <br />~K~ lf(ERN pM~CEE R®Cl((YAMD(/NTA/N COAPURAT/®N <br />December 16, 2005 <br />PHONE: 303-29fi-3600 <br />FAX: 303-296-3601 <br />~~ ~~ ~ _,. _11 ,: 2'i'L~ <br />VIA FACSIMILEAND U.S. MAIL - - <br />Division of Minerals & Geology ~t.~ 20 2~~5 <br />1313 Sherman St. Rm 215 ,..,a ~ s~cl¢ea <br />~ci ...... . ......_ <br />Denver, Colorado 80203 <br />Re: Wattenberg West Sand and Gravel Mine <br />Regular Construction Materials Operation Reclamation Pennit <br />Asphalt Paving Company, Applicant <br />Township 1 North, Ranee 67 West of the 6th P.M. <br />Section 25: NW/4 <br />Weld County, Colorado <br />To Whom it May Concern: <br />The purpose of this letter is to inform you that Kerr-McGee may be adversely affected by <br />the application currently proposed by Asphalt Paving Company. It is my understanding that an <br />initial public hearing on Asphalt Paving Company's application for rezoning, preliminary plat and <br />PUD approval is scheduled for Tuesday, December 20, 2005. <br />In addition, Kerr-McGee owns easements and rights of way on the Property within which <br />it has buried high pressure natural gas pipelines and a network of natural gas gathering lines. Care <br />must be taken to insure that uses of the surface estate approved by the Town above or near these <br />pipelines and gathering lines are consistent with both public safety and Ken-McGee's legal rights <br />of use. <br />For these reasons, Kerr-McGee 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 31, Township 2 North, Range 67 West. Kerr-McGee requests <br />that the Town require an executed surface use agreement between the surface 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-McGee's current and future wells, <br />pipelines, gathering lines and related oil and gas facilities and equipment. <br />es c <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 />