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Exhibit B to O'Brien Objections <br /> TERRAMAX, INC. <br /> CONSULTING 0 ENGINEERING <br /> August 1, 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('Ostate.co.us <br /> RE: Kirtright Pit M1986-123, Larimer County, Colorado, Reclamation Plan Amendment <br /> Mr. Lennberg: <br /> As you're aware, I have been retained by the O'Brien family as their engineering consultant with <br /> regards to O'Brien property lying within and forming a portion of the Kirtright Pit. The family <br /> has requested that I review submitted Reclamation Plan Amendment materials and information <br /> prepared by Coulson Excavating and their consultants for the Kirtright Pit. <br /> Following review of the Amendment information, and consultation with the O'Brien family and <br /> their counsel, I can offer the following comments. <br /> KirtfiQht Pit Ponds <br /> • We appreciate the Coulsons proposal to fill the pond area north of the O'Brien residence, <br /> (Pond 2 Backfill Area) since this pond has not functioned as intended nor desired for several <br /> years'time. We believe the pond has become a nuisance, as well as a water rights liability. <br /> Specifically, the pond has very often been in a mud flat condition moreso than pond <br /> condition, and has not effectively recharged local groundwater when inundated. <br /> • Same acknowledgment for the wetlands area northwest of the O'Brien residence (Pond 1 <br /> Backfill Area). <br /> • It is important to note that with the current pond (Pond 2) condition on the O'Brien <br /> property, the O'Brien family does not consider the pond to be completed and functional, <br /> nor providing the acceptable, completed reclamation of their property, in compliance with <br /> the intended and committed reclaimed land after-use. <br /> • Regarding the remaining ponds proposed in the Amendment, including the planned remnant <br /> pond immediately east of the O'Brien residence (Pond 2 east remnant), we have concerns <br /> regarding their viability and practicality, as well as their potential to become area nuisances <br /> and even health hazards in their own right if not constructed, operated and maintained <br /> properly. <br /> • In concept, I understand the ponds were to function as groundwater-based ponds, allowing <br /> in new groundwater flows to offset evaporation (and as mitigated by augmentation), but <br /> also recharging local alluvial groundwater levels following rainfall and flood events. <br /> DANGIROUX@TERRAMAX.US 0 (303) 929-3194 <br />