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Colorado Division of Reclamation, Mining and Safety <br />October 30, 2008 <br />Page 2 <br />LLC's plans that fail to fully accommodate KMG's right to explore for, develop and <br />produce oil and gas from its leasehold interests. KMG requests that the Division <br />withhold final approval until such time as the surface owner and KMG have concluded a <br />surface use agreement. Any future surface development plans should incorporate and <br />designate lands to be set aside for mineral development and expressly provide protection <br />for KMG's current and future well, pipelines, gathering lines and related oil and gas <br />facilities and equipment. The Division has a constitutional obligation to ensure that the <br />property rights of mineral interest owners are accommodated in its land use planning <br />process. Approval of any surface development plan that forecloses the rights of mineral <br />owners may be a compensable taking. <br />Pleas-Q--contact me at 720-929-6291 if you have any -questions- or comments about <br />this matter. KMG hopes to conclude a mutually acceptable surface use agreement with <br />the surface owner of the property and looks forward to working with the Division to <br />accomplish its land use planning goals. <br />Very truly yours, <br />KERR-McGEE OIL & GAS ONSHORE LP <br />;Butera <br />Landman <br />cc: - Broken--Arrow Investments, LLC (by U.S.-mail)- <br />Matt Miller -Kerr-McGee Oil & Gas Onshore LP