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FEB-17-2006 FRI 11 38 AM KERR-MeGEE FAX N0, 3032973587 7 ~yb/R ~l(fEl7l? AM~GEE oeN en cow n~u-~~' ~~~~.;~,%;'~ n :~~7s.~.~}~~'~i~`lia7~i.~ '~ February 16, ?OOb VIA FACSINlILEAND U.S. MAIL Ms. Danna Ortiz, Civil Resources Division of Minorals and Geology 1313 Sherman Street Room 2l5 Denver, CO 80203 P, 02/03 PNONE) ]03 [69-0600 pp%: 009-289-9601 Re: /Parlcer-Dersham 12esource/fiegular Construction Materials Operation Reclamation v1-Iall-Irwin Corporation, Applicant (~{~,y DF ~b e~~~ 1 T'ownshio 1 North. Rance 67 West of the 6th P.M. ~~ l Section 36: Part of SE/4 and Psrt ofNE/4 Dear Ms. Ortiz, The purpose of this letter is to inform you that Kerr-McGee Rocky Mountain, I.I.C's, formerly Kerr=McGee Roclcy Mountain Corporation, oil and gas rights may be adversely affected by the Regular Construction Materials Operation Recluntation Permit currently proposed by the Hall-Irwin Corporation. it is my understanding that all comments on the Hall-Irwin Corporation's application for approval need to be submitted by 4:00 p.m, on March 14, 2006. Kerr-McGee owns interest in the oil and gas leasehold estate in Section 36, Township 1 North, Range 67 West. This real property interest, which has been recorded, entitles Kerr-McGee to produce oil and gas from these lands. Iterr-McGee also has the legal right to drill tinure wells on the Property in accordance with Colorado Oil trod Gas Conservation Commission Rule 318A and other applicable law. Kerr-McGee believes that the oil and gas resattrces underlying the Property have significant value and, therefore, is concerned about any surface use or plan of use that would restrict or preclude the use and enjoyment of these rights. Kerr=McGee's preferred practice is to meet with and attempt to conclude a mutually acceptable surface use agreement with the stutacc owners or their agents. Although it is crucial t11<1t an agreement be in place prior to the Division's approval of the developer's application, as of this date no agreement has been reached and no surface use agreement relating fo Ken•-McGee's right to explore for and produce oil and gas in Section 36, Townshipl North, Range 67 West, is in place. .