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.>~~ ~ <br /> <br />rll - ~~~ ~,~ - ~ 03 <br />IrE/PI! M66EE ROCKY 1N0(fNTAIN COIQPOBAT/ON <br />1999 BROADWAY, SUITE 3]00 • DENVER. COLORADO 90202 <br />February 16, 2006 <br />i a <br />VIA FACSIMILE AND U.S. MAIL <br />Ms. Danna Ortiz, Civil Resources <br />Division of Minerals and Geology <br />1313 Sherman Street <br />Room 215 <br />Denver, CO 80203 <br />RECEIVED <br />/FEB i ' 2006 <br />pmsron of Mmeral9 End Oealogy <br />PHONE: 303-298-3800 <br />FAX: 303-298-3601 <br />Re: Pazker-Dersham ResourcelRegular Construction Materials Operation Reclamation <br />Permit. <br />Hall-Irvin Corporation, Applicant <br />Townshia 1 North, Range 67 West.ofthe 6th P.M. <br />Section 36: Part of SEl4 and' Part of NE(4 <br />Deaz Ms. Ortiz, <br />The purpose of this letter is to inform you that Kerr-McGee Rocky Mountain, LLC's, <br />formerly Kerr-McGee Rocky Mountain Corporation, oil and gas rights may be adversely affected <br />by the Regular Construction Materials Operation Reclamation Permit currently proposed by the <br />Hall-Irwin Corporation. It is my understanding that all comments on the Hall-Irwin Corporation's <br />application for approval need to be submitted by 4:00 p.m. on March 14, 2006. <br />Kerr-McGee owns interest in the oil and gas leasehold estate in Section 36. Township 1 <br />North, Range 67 West. This real property interest, which has been recorded, entitles Kerr-McGee <br />to produce oil and gas from these lands. Kerr-McGee also has the legal right to drill future wells <br />on the Property in accordance with Colorado Oil and Gas Conservation Commission Rule 318A <br />and other applicable law. Kerr-McGee believes that the oif and gas resources underlying the <br />Property have significant value and, therefore, is concerned about any surface use or plan of use <br />that would restrict or preclude the use and enjoyment of these rights. <br />Kerr-McGee's preferred practice is to meet with and attempt to conclude a mutually <br />acceptable surface use agreement with the surface owners or their agents. Although it is crucial <br />that an agreement be in place prior to the Division's approval of the developer's application, as of <br />this date no agreement has been reached and no surface use agreement relating to Kerr-McGee's <br />right to explore for and produce oil and gas in Section 36, Townshipl North, Range 67 West, is in <br />place. <br />