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Environment, Inc. • • Page 2 <br />Lakewood Brick & Tile Co. <br />Church Pit - MLRB Permit # M-79-045 <br />October 24, 1995 <br />has the level of the water ever reach the top of the clay seam on the <br />south site. This would indicate it is a confined body of water having <br />no inflow from ground water sources. On the northern part of the <br />excavation the only time we have to pump the area is when there is <br />excessive rain or snow. We have not noted any infiltration from ground <br />sources on this area making it consistent with what we have seen in the <br />south section. <br />In 1983 Church Ranch (minerals owner) filed a water right claim with the <br />Division of Water Resources (DWR) claiming a right to the water <br />accumulating in the excavated area. After much discussion the DWR ruled <br />that this was a tributary water source and filed a protest to their claim <br />with the water court, see letter attached. I think this is an issue that <br />has to be resolved with them and may take some time to do that. I am <br />doing research now to see if we can establish how much water surface area <br />existed before December 31, 1980 or if there are any documentation or <br />studies done by other Government agencies addressing this situation. <br />This may help figure out if here is any impact to the ground water system <br />in the area. I believe if the State Engineers Office (SEO) really looks <br />at this site they will concur that we are not exposing ground water as <br />in a typical alluvial gravel extraction facility. Once I have all the <br />information gathered, i will contact the SEO's office for a determination <br />of their opinion on how we proceed. I'll keep the Division informed as <br />we work this through. <br />If you have any other questions or need more information please call me - <br />~t the a_hove number- Thank ya_ for your patience Sad help with this. <br />Sincerely, <br />ENVIRONMENT, INC. <br />~~ <br />Stevan L. O'Brian <br />Vice President <br />enclosure <br />cc Lakewood Brick <br />Church Ranch <br />Coal Creek Sand and Gravel <br />files <br />