2010-09-22_APPLICATION CORRESPONDENCE - C2010088

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• EXHIBIT 5 2.04.10 VEGETATION INFORMATION INTRODUCTION At the request of Mr. James E. Stover, of J. E. Stover and Associates, Inc., the permitting agent for the proposed CAM - Colorado LLC, Fruita Unit Train Loadout Facility, baseline vegetation sampling was conducted during May and June 2010 on a site of approximately 208.33 acres consisting of the proposed unit train loadout site permit area. The proposed Fruita Unit Train Loadout site is located immediately to the west of the old refinery, just to the south of U.S. Highway 6 & 50 near Reed Wash, and is bordered on the north by the Union Pacific Railroad tracts and is approximately one quarter mile north of U.S. Interstate 70. This site is located approximately four miles to the west of the town of Fruita, Mesa County, Colorado. This site is located on a parcel of land containing approximately 208.33 acres located in the SW/ 1/4 of Section 2, SE 1/4 of Section 3, NE 1/4 of Section 10 and NW 1/4 of Section 11, Township 1 North, Range 3 West of the 6`" Principal Meridian and is found on the Mack, CO USGS quad sheet. In addition to the proposed unit train loadout area, which consisted of one major plant community, the Greasewood Vegetation type and a corresponding reference area, two minor plant communities were also sampled. This vegetation monitoring effort was prepared with the intention of satisfying the permit baseline vegetation sampling requirements of the CDRMS regulations located at Rule 2.04.10. • The permit area was increased in size to 217 acres after the vegetation study was complete. Therefore, the ratio of vegetation types to the size of the permit area in the following text are slightly low. However, the small differences do not affect any of the conclusions reached in the vegetation study. Mr. Kent Crofts of IME, has conducted numerous previous vegetation sampling efforts at numerous other mine sites in Colorado and Utah in the past 36 years, directly supervised all field sampling, the analysis of these data and wrote this report. Assisting with the field sampling and data analysis were Mr. Benito Garcia Felix and Ms. Loraine Crofts. METHODS PLANT COMMUNITY MAPPING Vegetation Mapping. The boundaries of the vegetation types in the proposed CAM - Colorado LLC, Fruita Unit Train Loadout permit area were delineated as required in Section 2.04.10(1) which requires that plant communities be delineated based upon the basis of visually dominant plant species. Two major plant community types were delineated on this site. This vegetation mapping was prepared by either walking the vegetation boundaries of the proposed permit area with our GPS unit or by the careful analysis of detailed color aerial photography taken of the proposed site on 5 May 2010. Maps, in both electronic and hard paper format, of all of the proposed disturbance areas along with proposed reference area locations to be sampled in this vegetation monitoring effort were supplied by Mr. James E. Stover.