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02/12/2004 11:27 9702495 WESTWATFR ASSOCIgjES PAGE 84/06 <br />Page 3, Paragraph 6: "The ogerator drilled (holes in the permit area in March o 2003. <br />wafer may reach during irriQatitm. ihev are valuable in showtn the depth of~ravel and <br />the .strilre/dip of the sha/e. "- We did not receive logs included from the geotechnical <br />firm, only logs from the consultant. We were missing appendix A of Lewicki's report <br />The currem consultant was not in the employ of the applicant at the time of the drilli~, <br />where was his data obtained? Once again, strike and dip was confused with an erosional <br />surface. <br />Page 4, Paragraph 2. "Q drill hole was placec{in the rrostheas! portia~ olthe permit <br />area on September 8. 2003 to a de~JXIT of GS feet ]rrigation was at peak cmd water was <br />initially eneouniered at a denih of 55 feel and ~?»e day later tv be 53 feet om the <br />surface This hole did not encounter anv shale over the entire depth See map 32 -Sire <br />su a e. "-The drill hole referred to in this paragraph was actually a completed well <br />drilled by Connors Drilling without a permit rendering it illegal and requiring it to be <br />removed. The second portion of the paragraph refers to the likelihood of the variability of <br />the surface of the shale. In a fluvial system there are erosional disconformities which <br />create a great variability of an erosional surface. There are deep channels, bazs, and <br />isiands which are not necessazily eroded by the stream. For example: Sunset Mesa <br />(Hogback) was once more than likely an island in the Uncompahgre river. Another point <br />on the variability of the shale is the occurrence of a shale hill protruding through the <br />gravel at the south end of the property, classified by the U. S. Department of Agriculture <br />as Chipeta-persayo-Rance Complex which is comprised of Cretaceous shale beds <br />(Mancos Shale). In addition, as testified earlier (TLD) the high water levels occur several <br />weeks to months post irrigation (Oct-Dec?). No supporting seasonal data has been <br />obtained. <br />Page 4, Paragraph 3: There are several inconsistencies in this paragraph: the slopes to <br />the east of the permit area are said to have no evidence of phreatophyte vegetation on the <br />slope, all vegetation occurs on the bottom of the slope. !s it on the slope or not? This is a <br />common reaction of ,groundwater aquifers as they aze temtinated on an open slope. The <br />actual water level will rapidly increase as you move away from the open slope; this <br />process is a mounded water table, recharged by irrigation tTows and is quite common <br />Page 7, Paragraph 1: Further supporting the belie that no water ever issues_frvm the <br />emanatinz from the hieh wall although the Sfeet excavation at the bottom has uncovered <br />" - The iVletcalf Pit <br />