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Ms. Erica Crosby <br />Division of Minerals and Geology <br />April 5, 2006 <br />Page 9 of 21 <br />-both from the APC property and from the Consolidated Mutual property. <br />Attachment 7 contains a copy of the Special Warranty Deed reserving to <br />APC anon-exclusive easement to transport water across the <br />Consolidated Mutual property. The actual discharge location into the river <br />will either be through Consolidated's outtall, or via a second outfall <br />location to be permitted through the State Water Quality Control Division <br />and the Army Corps of Engineers. <br />2. Discharge into the Brighton Ditch at the SW corner of the site (labeled on <br />Exhibit C-3), per future agreement with the Brighton Ditch Board. APC is <br />a shareholder in the Brighton Ditch (see Attachment 4), and believes, <br />based on past discussions with board members, that the Brighton Ditch <br />would be amenable to such a plan. APC commits to refrain from <br />discharging into the Brighton Ditch until such Agreement is signed and <br />submitted to the Division, and a discharge permit from the Colorado <br />Department of Public Health and Environment is obtained. <br />Please note that only one discharge point is necessary for the operation of <br />the proposed project. APC may choose to use one or both options during <br />various mining phases, pending the acquisition of required agreements and <br />permits. <br />23. The groundwater report does not specify the maximum drawdown of wells in the <br />surrounding area as a result of fhe slurry wall or the 10-acre pit that will not be lined. <br />Please address this issue accordingly. <br />(Response from Martin and Wood Water Consultants, Inc.) <br />The original modeling report for the Wattenberg pit, dated May 3, 2005 and the <br />recent Phase 1 modeling report dated March 6, 2006 (included here as Attachment <br />6), both present drawdown contours for the areas around the respective modeled <br />features, either the slurry walled pits, at the Phase 1 mine area. As the question <br />does not indicate which wells are being discussed, the best way we can respond to <br />this question is to discuss the patterns of contours as per the two modeling <br />