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SCHENK, KERST &deWINTER, LLP ~ <br />A PARTNERSHIP OF PROFESSIONAL CORPORATIONS <br />ATTORNEYS AT LAW <br />JOHN R. SCHENK <br />DAN KERST <br />WILLGIM J. deWINTER III <br />CAROLYN M. STRAUTMAN <br />302 EIGHTH STREET, SDITE 310 . <br />GLENWOOD SPRINGS, COLORADO 81601 <br />TELEPHONE: (970) 945-2447 <br />TELECOPRiR: (970) 945-2440 <br />Division of Minerals and Geology <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, CO 80203 <br />Attn: Bazbara Chiappone <br />December 7, 2004 <br />/ ~ <br />Re: McNulty Cinder Pit, Permit No. M-80-003 <br />Request for Transfer of Permit / <br />Dear Barbara: <br />5~ -p3 <br />~LC~B~~ <br />DEC 0 9 1004 .~ <br />Oiuision o(Minerals and Ceolog~~ <br />You may recall that we spoke several months ago regazding the McNulty's desire to transfer <br />the above referenced permit to the McNulty Cinder Pit to their limited family partnership, the <br />Quarter Circle 8 LLLP. To this end, I enclose a signed Transfer of Permit and Succession of <br />Operators Application Form and signed Performance Warranty per your instructions, together with <br />our check in the sum of $125 representing the application fee. It is my understanding that the <br />Division will then recalculate the Financial Warranty and advise. However, since the new owner <br />of the permit is in essence the same as the previous owners (and technically only a form of name <br />change), we aze wondering what the possibility of merely transferring Reclamation Bond No. <br />103569788 currently held in the McNulty's individual names over to their LLLP, by way of a rider <br />issued by Travelers reflecting the new name. <br />~. <br />In any event, I will look forward to hearing from you in this regard. Thank you for your <br />assistance in this matter. <br />/bg <br />Enclosure <br />xc: Sazah McNulty <br />LL.~.~w~t~,.a~~.~ <br />