2024-08-05_REVISION - M1986123 (4)

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Patrick Lennberg, Colorado DRMS 3 Kirtright Pit DRMS M1986-123 Reclamation Plan Amendment August 1, 2024 • The current water impoundment situation that has developed and endured on the O'Brien property is harmful to the State's water resources, as well as being a nuisance, eyesore, and health and safety hazard. • Moreover, the overbank flood water impoundments endured render the O'Brien property useless for weeks to months at a time, in addition to denying downstream State water rights holders their rightful use of these waters. • The extent of the channel proposed with the prior Amendment Exhibit F did not seem to significantly help the O'Brien property itself, however— it did not appear to offer additional post-flood relief for the O'Brien property. • In any case, with the current Amendment revised Exhibit F, the channel has apparently been removed. • The O'Brien team would ask what the proposed post-flood water evacuation system is at this time? General Water Handlino • With regard to general property water handling and operations, primarily for the ponds to remain, the O'Brien family does not want to be a part of any water conveyance or delivery system between the Kirtright Pit properties, including storm sewer, underdrains, culverts, irrigation pipe, wetlands, ponds, or ditches, to the greatest extent possible. • Any man-made crossing of the O'Brien property by water conveyances, whether surface or subsurface, will require an easement, as well as an operations & maintenance plan and Agreement. Reclamation Schedule • Considering the risk to the O'Brien family and property of these identified issues, additional efforts with regard to Amendment planning and final design should be expedited. • The pace of planning and design to date from last September's Board direction to the operator has been disappointing to observe, and discouraging for the O'Brien family in trying to secure corrections and protections on their property. • It is also not clear why the proposed reclamation should take seven years to complete once approved and agreed. • Given delays and issues with reclamation on the O'Brien property to-date and extending back for years, the O'Brien team asks that the corrections and protections on the O'Brien property be mandated by DRMS to be prioritized and expedited, without condition, limitation or exception, and particularly without ties to any other activities, or adjacent downstream mining status or progress. • This includes revegetation of the O'Brien property for the intended pastureland post- reclamation use. • The O'Brien family asks that DRMS remain fully aware and diligent regarding grow-in requirements, with inspections and check-ins on progress. DANGIROUX@TERRAMAX.US 0 (303) 929-3194