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AGGOREG A E BRANNAN OPERATORS (gre�ates February 7, 2022 Amy Eschberger RECTWE® Division of Reclamation, Mining and Safety FEB 0 8 2022 1313 Sherman St., Room 215 Denver, CO 80203 DIVISi jl?v OF P1' AMATION MI.iNG AND CAFETY Re: West Farm Pit(M-2008-078),Succession of Operators,SO-04 Ms. Eschberger: On behalf of the Prospective Operator at the above-referenced operation, I am submitting the hard copy of the SO-04 submittal dated February 1, 2022. Since the time that the electronic version of this correspondence was submitted, the Division replied to the submittal in the form of a letter dated February 3, 2022. Therefore, in addition to completing the Division's records with ink and seal hardcopy and completing the transmittal of certain documents only partially transmitted electronically, the Prospective Operator is seeking to resolve procedural questions brought up in the Division's February 3 letter. For the SO-04 record: • Enclosed are original ink forms for the Succession of Operator application and replacement Performance Warranty. • The Prospective Operator is in the process of obtaining and transmitting to the Division a replacement Financial Warranty in the amount of the existing Financial Warranty, or$8,310,769.00. • We understand that the Division expects to the inspect the operation. In this situation, Rule 1.12.1(1) provides that the Division may determine a that new Financial Warranty "of a greater or lesser amount than the existing Financial Warranty" is appropriate. • The Prospective Operator is following the Rule 6.4.19 process as previously noted. Copies of notarized letters were inadvertently omitted from the electronic transmittal and are now included in full. Return receipt cards are also enclosed to the extent they have been partially received. Some structure letters have been returned as undeliverable, and a copy of those with USPS notes are enclosed. • We are unclear on the reason for the Division's preemptive determination as to the sufficiency of structure protections. Rule 1.12.1(3) governs the approval of SO applications, stating that, "Approval of a permit transfer and succession of Operator request shall be given by the Office if it finds that the successor Operator is capable of assuming all responsibility for the conditions included under the original permit." o The SO rule does not require a successor to restart the structure process. If the conditions of the current permit include engineering determination that a structure is not at risk, nothing about that determination changes because there is a new operator. o The applicability of Rule 6.4.19 is generally unclear. Rule 1.12.1(3) logically indicates that if a structure is protected by a written agreement at the time of succession, an equivalent protection must be implemented. The Rule 6.4.19 process may apply where those structures affirmatively 2500 East Brannan Way I Denver I CO 80229 1 303.534.1231 Tel 1 303.534.1236 Fax www.brannan1.corn