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COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department d Natural Resawces <br /> February 3, 2022 <br /> Karl Nyquist <br /> Prowers Aggregate Operators,LLC <br /> 7991 Shaffer Parkway, Suite 200 <br /> Littleton,CO 80127 <br /> J.C.Marvel, Jr. <br /> Brannan Sand and Gravel Company,L.L.C. <br /> 2500 E. Brannan Way <br /> Denver, CO 80229 <br /> RE: West Farm Pit, Permit No. M-2008-078, Notice of Receipt of Complete Application for <br /> Transfer of Permit and Succession of Operators(Revision No. SO-04) <br /> Dear Mr.Nyquist and Mr. Marvel: <br /> On February 3, 2022, the Division of Reclamation, Mining and Safety (Division) called your Application <br /> Form for Transfer of Mineral Permit and Succession of Operators from Prowers Aggregate Operators,LLC <br /> to Brannan Sand and Gravel Company, L.L.C. (SO-04) for the West Farm Pit complete for review. <br /> Because Option No. 1 was selected in the application to waive your right to a decision in 30 days,the Division <br /> will inspect the site within 60 days, after which, the required financial warranty amount will be provided to <br /> both parties.The Prospective Successor will have 60 days from the date of notice to post the required financial <br /> warranty for SO-04 approval. <br /> While the SO-04 application was deemed complete for review purposes, the Division would like to provide <br /> clarification on the following items mentioned in the completeness response: <br /> 1) For the Succession of Operators process, if the current Permittee was required to provide structure <br /> agreements, the Prospective Successor must obtain new structure agreements from each owner and <br /> provide copies of the same to the Division with the application. In this case, there are numerous <br /> structures located within 200 feet of the affected lands, for which,the current Permittee was required to <br /> obtain structure agreements in accordance with Rule 6.4.19. Because the current Permittee was unable <br /> to reach an agreement with all structure owners,per Rule 6.4.19(b),the Division accepted an engineering <br /> evaluation (submitted in Amendment No. 2; AM-02) that demonstrated such structures will not be <br /> damaged by activities occurring at the mining operation.The Prospective Successor provided a copy of <br /> this engineering evaluation with SO-04. However, the Prospective Successor has not yet provided <br /> sufficient demonstration that structure agreements have been attempted for all applicable structures;i.e., <br /> that a new notarized agreement from the Prospective Successor has been sent to the owner of each <br /> structure located within 200 feet of the affected lands. Such demonstration shall be in the form of a copy <br /> of the structure agreement (signed and notarized by the Prospective Successor; see enclosed structure <br /> of cc%. <br /> Physical• 1313 Sherman Street, Room 215, Denver,CO 80203 1 P: 303.866.3567 1 F: 303.832.8106 aT, <br /> Mailing: DRMS Room 215, 1001 E 62"Ave, Denver,CO 80216 1 https://drms.cotorado.gov <br /> R <br /> Jared Polls,Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director <br /> 87h� <br />