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WITWER, OLDENBURG, BARRY & GROOM, LLP <br /> Attorneys At Law <br /> 822 7th Street, Suite 760 <br /> Greeley, CO 80631 <br /> STOW L.WITWER,JR. TELEPHONE:(970)352.3161 <br /> R.SAM OLDENBURG RECEIVED FAX:(970)3523165 <br /> JOHN J.BARRY SENDER'S EMAIL ADDRESS <br /> PATRICK M.GROOM <br /> KENT A.NAUGHTON AUG U 5 2024 knaughton@witwerlaw.com <br /> FRANCIS L.KAILEY Colorado Division of Reclamation, <br /> Mining and Safety <br /> August 2, 2024 <br /> Mr. Patrick Lennberg <br /> Environmental Protection Specialist <br /> Colorado Division of Reclamation, Mining & Safety (DRMS) <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> Patrick.Lennberg(a,state.co.us <br /> Re: Kirtright Pit—File No. M-1986-123, Coulson Excavating�Company, Inc. <br /> Amendment (AM-1) <br /> Kirtright Pit Amendment <br /> Submitted via e-mail and FedEx. <br /> Dear Mr. Lennberg: <br /> I write on behalf of Linda and Kevin O'Brien, both individually and as trustees of The <br /> O'Brien Living Trust(collectively"the O'Briens"),to object to the Kirtright Pit Amendment more <br /> specifically identified above, which has been submitted by Coulson Excavating Company, Inc. <br /> ("Coulson").' In addition to this letter, I attach herewith and incorporate herein the comments and <br /> objections contained in two additional letters.The first was previously submitted by Linda O'Brien, <br /> attempting to explain the impact upon her from a personal perspective. Ex. A, O'Brien Letter. The <br /> second is from the O'Briens' consulting engineer, Terramax, Inc., providing an engineering <br /> perspective. Ex. B, Giroux Letter. <br /> OBRIEN OBJECTIONS AND COMMENTS <br /> 1. The Plan improperly depends upon operations at the adjacent Stroh Pit. <br /> DRMS cannot approve of the current Plan because the applicant does not have the legal right <br /> to carry out the Plan. The current plan is dependent upon the importation of 29,000 cubic yards of <br /> material from the adjacent Stroh Pit(DRMS Permit No. M-2002-078) in order to backfill Pond 2. <br /> See Application Exhibit E—Reclamation Plan. However,neither the DRMS Stroh Permit, nor the <br /> 1 As used herein, the term "Plan"refers to all Kirtright Pit Amendment application materials, as <br /> amended and supplemented. <br />