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} <br />Martin and Wood Water C.onsnttants, hie. <br />602 Park Point Drive, Suite 275 . Golden, CO 80401 <br />Phone: (303) 526-2600 . Pax: (303) 526.2624 <br />wti+nv.marGnandwood.com <br />November 17, 2009 <br />A'11'. Jason K McGraw <br />Mine Supervisor <br />Rubinson Brick Company <br />1845 West Dartmouth Avenue <br />V)enver, Colorado 801 10-1308 <br />1)earJason: <br />Re: Project Update concerning the <br />Replacement Plan for the Apache. <br />Mine located near Callhan, Colorado <br />Project Number 691,41 <br />As rmduested, I am providing you with this update concerning the plan to provide replacement <br />kvater for the evaporative losses from the Apache Mine's south pit. Attached is a general time <br />line of the actions untaken by Martin and Wood to date, working toward completing the work. <br />See Table I - Apache iNAhw Replacement Plan Tine We, <br />As you recall, the Colorado Division of Reclamation, Minim; and Safety (DRMS) sent. Robinson <br />Brick Company a letter, elated October 21, 2008, approving an extension for corrective action for <br />ezposcd ground mWr addressed in a Tune. 9, 2008 inspection report. Robinson Brick Company <br />had until October 21, 2009 to complete the corrective action measures. As an interim measure, <br />the. DRIUS asked that a Substita to Water Supl7ly Plan (SWSP) be submitted to the' state to <br />'-recount to], the depletion of ground water due to evaporation of water from the mine pit. <br />Wllowing a site visit to the Apache Mine in June 2008, Martin and Wood began working on the <br />prepwation of a STVSP as mquested by the DRAMS. The Apache Wne is located within the <br />[leper black Squirrel Creck Ground Water Management District and as such is subject to the <br />roles and regulations of the District. Note that within all Designated Basins, including the Upper <br />Black Seluind C'a•cek Designated Wund Water Basin, SWSPs are referred to as "Replacement <br />Plans" and that the plans are submitted to the Colorado GrOLInd Water C'omntission. <br />Our work included identifying and summarizing the consumptive losses at the pit, including <br />evapNedon losses and dust control; summarizing depletions from to pit; identifying the water <br />replacement sources and assessing suitability for use in offsetting the depletions; and preparation