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N-1r. Jason E. NtcGraw <br />November 17, 2009 <br />Page 2 of 2 <br />Of the actual Replacement Plan application. <br />As we were nearing the completion of the Replacement Plan, I contacted Keith Vander Horst, <br />Designated Basin Team Supervisor at the Colorado Ground Water Commission, to give him a <br />heads up that the Replacement Plan was conning his way and to ask several questions about the <br />Replacement Plan, specifically the calculation of stream depletions to intermittent streams. <br />When I explained why we were submitting this Replacement Plan, Mr. Vander Horst suggested <br />another approach to obtaining water for replacement purposes. Since Robinson Brick owns a <br />large portion of land surrounding the Apache Mine site (approximately 1,266 acres), he <br />suggested that instead of submitting a Replacement Plan that Robinson Brick request a <br />determination of water rights for the near surface aquifer, and apply for a water well permit, so <br />that water can legally be withdrawn from the bedrock aquifer. <br />This represents a change in the direction, scope, and approach to finding a solution for the <br />replacement the evaporative losses from the Apache Mine pit. To complete the project, we will <br />continue to complete the tasks necessary for submitting an application for the determination of <br />water rights and an application for a well permit to withdraw water from the Dawson Aquifer, <br />1n order for Martin and Wood to complete these tasks, we are anticipating that we will need to <br />have additional discussions with the state concerning the Dawson Aquifer in the vicinity of the <br />Apache Mine. Unfortunately, the state's Denver Basin maps do not indicate that the Dawson <br />Aquifer is present in this area. Recent geologic mapping by the Colorado Geological Survey <br />(CGS) and the Denver Museum of Nature and Science supports the presence of the Dawson <br />Aquifer in the vicinity of the Apache Mine. <br />We hope to obtain a copy of the preliminary geologic mapping from the CGS to create a map <br />showing of the extent of the Dawson Aquifer underlying the Robinson Brick Property. We will <br />then present this information to the state to help them in their determination of Robinson Brick's <br />water rights in the Dawson A(Iuifer. Once we submit the application for determination of water <br />rights, the Ground Water Commission will need time to evaluate the application. They will then <br />send notice of the application out to local newspapers, where the), will solicit comments from <br />potential objectors, before making their final determination. <br />As always, we appreciate the opportunity to work with Robinson Brick Company on this project. <br />Sincerely, <br />MARTIN AND WOOD <br />WATER CONSULTANTS, INC. <br />V <br />Jo . Meigs, P.G. <br />Senior Hydrogeologist <br />Martin and Wood Water Consultants, Inc.