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ROBINSON BRICK <br />A Division of General Shale Brick <br />November 17, 2009 <br />Division of Reclamation, Mining and Safety '-' <br />1313 Sherman St., Rm. 215 <br />Denver, CO 80203] <br />Attention: Mr. Jared Ebert <br />Subject: Apache Mine (M-1978-009) Pit Water <br />Dear Mr. Ebert: <br />L-•? <br />Robinson ick Company is respectfully requesting an extension to complete the corrective action from <br />the .lun 9, 2008 inspection report. Your inspection report indicated a potential "problem" related to the <br />exposure of groundwater in a pit excavation at the mine. Previously, the Division had set a date of <br />October 21, 2009 to complete the corrective action. Our consultant, Martin and Wood Water Consultants, <br />Inc. (M&W) have been diligently working to complete the corrective action throughout the 2008 and <br />2009 calendar years. Please refer to the M&W project update letter with attached timeline dated <br />November 17, 2009 that discusses the progress that has been made to complete the corrective action. <br />We are confident that we will be able to submit a well permit package for the Apache Mine to the <br />Colorado Ground Water Commission by late December 2009 that includes the well permit application, <br />water rights application, and request to change the State's Denver Basin maps to include the Dawson <br />Aquifer in the Apache Mine area. Then we will have to wait for a ruling from the Colorado Ground <br />Water Commission on the well permit package and currently timing is uncertain when they will make <br />their ruling. However, M&W estimates that the ruling should be made within 2-3 months upon receiving <br />the well permit application. <br />If you have any questions regarding this correspondence, please feel free to contact me at 303-783-3058. <br />Respectfully, -- _ = -- <br />Robinson Brick Company <br />Jason E. McGraw E.I.T. G.I.T. <br />Mine Supervisor <br />enc. <br />1845 West Dartmouth Avenue a Denver, Colorado 80110-1308 <br />Phone: 303-783-3000 a Fax: 303-781-1818 a Toll Free: 800-477-9002 <br />www.robinsonbrick.com