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In addition to concerns about the surface waters of East Salt Creek, the DOW <br />stated their concern about the potential mobilization of selenium from the mancos shale in a <br />letter dated January 25, 2008 to the DRMS. The Operator had soil samples taken in the <br />footprint of the proposed coal mine waste pile and determined selenium levels in the soils <br />are below detectable levels. Therefore, leaching of water from the sediment pond and or <br />coal mine waste pile will not increase the selenium load in the surface waters of East Salt <br />Creek. The results from the soils testing are located in the Soils report under Appendix T. <br />Appendix N — PR -02 -14- 10/10 <br />