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M-2008-078,SO-04 <br /> February 1,2022 <br /> Page 2 <br /> This Rule 6.4.19 process is redundant, to the extent that the relevant review occurred within the context <br /> of AM-02, and all structure agreements in place on November 18, 2022, were assigned by the Permittee <br /> to Brannan as Brannan simultaneously assumed these contracts. Brannan's initial SO-04 submittal <br /> contained the transactional documents demonstrating this transfer of responsibilities to the Prospective <br /> Operator. <br /> The statute on succession of operators specifies that, "When one operator succeeds another at an <br /> uncompleted operation, the board shall release the first operator from all liability as to that operation <br /> and shall release all applicable performance and financial warranties as to such operation if the successor <br /> operator assumes all liability for the reclamation of the affected land and such obligation is covered by <br /> appropriate performance and financial warranties." The orderly transfer of liabilities is occurring as <br /> provided by law in this case. <br /> 7. The determination of "a Financial Warranty of a greater or lesser amount than the existing Financial <br /> Warranty" is part of the succession of operator process. Construction of new slurry wall was underway <br /> for Phases 2, 3 and 8 on November 18, 2021. Based on the then-anticipated completion of work by the <br /> end of 2021, we deemed it relevant that a likely reduction in the actual site reclamation obligation is <br /> pending. <br /> Given ongoing work to complete leak testing, we acknowledge that the Division does not presently have <br /> any specific information demonstrating a substantial change in reclamation obligations. Brannan <br /> therefore expects to arrange for a financial warranty once we have resolved completeness issues, in the <br /> meantime waiving the 30-day review period for the convenience of the Division and permit parties. <br /> Again, thank you for your guidance. Please contact me at joliver@brannanl.com or 303-853-5159 with any <br /> questions or comments. <br /> Sincerely, <br /> BRANNAN SAND AND GRAVEL COMPANY, LLC <br /> dS� -- <br /> Josh Oliver <br /> cc: Karl Nyquist <br /> J.C. Marvel,Jr. <br /> Alex Schatz <br /> encl: Revised SO-04 submittal packet <br /> Structure letters (18)- Proof of mailing/List of owners <br /> Geotechnical stability report <br />