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Pe~y <br />• poi Malkei svee~ <br />PEASODY ENERGY St. Louis, f~ssauri 63t 01-i 825 <br />3i4.3ap.3400 <br />June 20, 2005 <br />Hockett Brothers <br />P. O. Box 969 <br />Hayden, CO 81639 <br />RE: Surface Use Agreement dated June 18, 1996 ("Agreement"), by and <br />between Hockett Brothers, a Partnership, and Cottonwood Land Company <br />covering property in T6N, R88W, Routt County, CO ("Property') -File 1226-035 <br />Gentlemen: <br />This refers to the subject Agreement between Hockett Brothers and Cottonwood Land <br />allowing for certain exploration, seismic, and environmental operations on the subject <br />Property. Hayden Gulch Terminal, Inc., a corporate affiliate of Cottonwood Land <br />Company, intends to drill a water monitoring well in the NEl/<NW'/o of Section 23, T6N, <br />R88W under the provisions of this Agreement and a drawing showing the proposed <br />location is enclosed. It is my understanding that you have met with John Weinman <br />and. discussed this proposed well and that you have no objection. In accordance with <br />paragraph 4 of the Agreement, Hayden Gulch Terminal, Inc. will pay you. the sum of <br />$200.00 prior to drilling the well. <br />In accordance with paragraah 9(C), please sign and return the .copy of this letter <br />enclosed to evidence your consent to the partial assignment of the Agreement from <br />Cottonwood Land Company to Hayden Gulch Terminal, Inc. for the purpose detailed in. <br />this letter. ' <br />Thank you for your consideration, and please contact me should you have any <br />questions or need any further information. My phone number is 314-342-7688. <br />Yours truly, <br />Cottonwood Land Company <br />G. R. Wagner, Director -Land <br />Agreed to and accepted this ~ day of June, 2005 <br />Hockett Brothers, a Partnership <br />By: b-~ i~,,,.~. <br />Duane Hockett <br />BY: / cf <br />arre]I Hoc ett <br />Enclosures <br />• c. John Weinman <br />Chuck Burggraf <br />3-4.69 <br />