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The area described was located and evaluated. There is no evidence of water ponding for <br />more than a short time. There exists in an area approximately fifty feet by thirty feet <br />(1500 square feet, or 0.03 acres) a topographic low point (lower than the surrounding area <br />by approximately two inches). Within this area, a thin clay film has deposited on the <br />surface, holding moisture longer than in other areas of the PRSA. This is a very common <br />condition in Colorado and is found in nearly every farm field and construction site in the <br />state. A qualitative review of the vegetation species present in the area in question <br />revealed a total of three foxtail plants, representing less than one percent of the total <br />relative vegetation cover in the area. The dominant species were western wheatgrass and <br />mountain brome, both mesic species, not indicators of hydric conditions. There were a <br />number of annual sunflowers present, again a mesic species not indicative of hydric <br />conditions (Figure 4). Remnant wildlife footprints are not a reliable indicator of <br />prolonged moist conditions, as any hunter will attest. <br />The conclusion that water ponded here contributes to a toe bulge (whose existence was <br />not verified) approximately 200 feet away on south side of the PRSA is totally <br />unsupported and a spurious conclusion. Given the above description of the construction <br />and composition of the PRSA, the likelihood of this area contributing any amount of <br />water is again, nil. <br />Given the lack of supporting evidence for your observations and conclusions, we must <br />respectfully request that the above statements be retracted and modified to reflect the <br />information we have presented. <br />Sincerely, <br />"62;a? <br />Michael S. Savage <br />Principal <br />C: Loretta Pineda, Director, CDRMS <br />Tom Kaldenbach, CDRMS <br />Sandra Pautsky, Oakridge Energy, Inc. <br />Bryan Duff, Goff Engineering & Surveying <br />OSMRE, Oversight Branch <br />Carbon Junction Mine Page 3 <br />CDRMS July 2, 2010 Inspection Rebuttal