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August 4, 2008 <br />Page 2 <br />for out-of-priority depletions. We are discussing this matter with the County's special water <br />counsel, Jeffrey J. Kahn, Esq., at this time. Unfortunately, the preparation and submittal of an <br />SWSP or Plan for Augmentation cannot be completed before the August 13-14, 2008 meeting of <br />the Colorado Mined Land Reclamation Board (MLRB). Accordingly, we would ask if it might <br />be possible to reschedule the proceeding before the MLRB until the October meeting of the <br />Board. This will give the County time to either prepare and submit the appropriate Plan or, <br />alternatively, to conduct the monitoring suggested as an alternative by Ms. Frick to determine <br />whether the accumulation of water in the Pit observed by your personnel is, in fact, ground <br />water. <br />Please understand that this request is not meant to in any way delay a resolution of this <br />matter but is, instead, requested in order to allow the County time to fully and adequately address <br />the very serious issues raised by your letter. Should you grant this request the County will <br />certainly keep you advised of its progress toward a solution. <br />Thank you for your help and courtesy in this matter. <br />Very Truly Yours, <br />Herbert C. Phillips <br />Cc: Board of County Commissioners <br />David Kintz, Road and Bridge Director <br />Kimberly K. Frick, P.G. <br />Jeffrey J. Kahn, Esq. <br />8/4/08 <br />C.• (DOCUMENTS AND SETT/NGSOB2WCAL SETTINGS( TEMPORARY INTERNET FILESDLK41DRMS LOL DOC