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Z1111 <br /> J&T Consulting, Inc. <br /> January 30, 2024 REC lvED <br /> Mr. Eric Scott Gv / j' <br /> Environmental Protection Specialist , 0 �b <br /> Physical Address: <br /> 1313 Sherman Street, Room 215 �c�orado D!vn'andfs f tyamafion, <br /> (t, <br /> Denver, CO 80203 Min► 9 <br /> Mailing Address: <br /> Division of Reclamation, Mining and Safety, Room 215 <br /> 1001 East 62nd Avenue <br /> Denver, CO 80216 <br /> RE: W.W. Clyde & Co. — Derr Pit, DRMS Permit M2008-017, Incomplete Application for Transfer of <br /> Permit and Succession of Operators (SO1) Response <br /> Dear Mr. Scott, <br /> W.W. Clyde & Co. received the Incomplete Application for Transfer of Permit and Succession of <br /> Operators (S01) Review Letter from you on December 6, 2023. In response to your letter J&T <br /> Consulting, Inc. is providing the following responses on behalf of W.W. Clyde & Co. <br /> 1. As noted on Page 3 of the application form, The Division requires a valid Demonstration <br /> of Legal Right to Enter: All Permittees must provide a description of the basis for legal <br /> right of entry to the site and to conduct mining and reclamation. See Hard Rock and <br /> Construction Materials Rules 6.3.7 and 6.4.14. To comply with this requirement, the <br /> Prospective Successor must demonstrate that he/ she/ it has obtained a legal right of <br /> entry from any and all surface and mineral rights owners in the affected lands, <br /> independent of the current Permittee. See Hard Rock and Construction Materials Rules <br /> 6.3.7, 6.4.14, and 1.6.2(1)(e)(i). This may be a copy of an access lease, deed, abstract <br /> of title, current tax receipt, or a signed and notarized statement by the property owners <br /> stating that the Prospective Successor has a legal right to enter. See Hard Rock and <br /> Construction Materials Rule 6.3.7. <br /> Response: We have provided the Notice of Name Change and Succession by <br /> Merger for the name change from IHC Scott, Inc. to W.W. Clyde & Co. that was <br /> recorded with Weld County's Clerk and Recorder. This document confirms the <br /> name change and ownership of the property which are the same as the operator. <br /> 2. Because both parties chose to maintain their right to a 30 day decision, a replacement <br /> financial warranty provided by the successor operator, W.W. Clyde and Co., in the <br /> amount currently posted for the site ($1,972,000.00) is required to be submitted with the <br /> SO application. Please contact DRMS Financial Assurance Specialist Sara Stevenson- <br /> Benn at sara.stevenson-benn@state.co.us for any questions regarding <br /> available/appropriate bonding mechanisms, required forms, and proper submittal of the <br /> required financial warranty. <br /> Response: W.W. Clyde & Co.'s bonding company is sending or has sent the <br /> updated financial warranty directly to Sara Stevenson-Benn's attention at the <br /> mailing address of 1001 East 62nd Avenue, Denver CO 80216. <br /> g 305 Denver Avenue—Suite D•Fort Lupton CO 80621 •Ph:303-857-6222 <br />