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St__?_j <br />Savage and Savage Environmental <br />practical solutions for environmental issues <br />4610 Haystack Drive 970 674 8080 telephone <br />Windsor, Colorado 80550 97067480&& facsimile <br />savageandsavagegDearthlink.net <br />October 7, 2008 <br />RECEIVED <br />OGT 0 a 7000 <br />Division o? kedamation, <br />Mr. Tom Kaldenbach, Environmental Protection geci istt Set* <br />Colorado Division of Reclamation, Mining & Safety <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Application for Phase III Bond Release, Carbon Junction Mine (CDRMS file C-92-080) <br />Response to Completeness Determination <br />Dear Mr. Kaldenbach: <br />I am in receipt of the Division's incompleteness determination for the Phase III Bond <br />Release submitted on behalf of Oakridge Energy, Inc. for the Carbon Junction Mine. <br />Per item number 1 in your correspondence, a Notarized Statement of Compliance is <br />attached to this response. <br />Item 2 of your letter requires response to a CDRMS "guideline". Let me reiterate my <br />stance on Division guidelines for your benefit. Division guidelines hold no force or <br />effect of law in the State of Colorado. Division guidelines were produced as an avenue <br />for "guidance" or as a way for those who are not as versed in the intricacies of the Coal <br />Act and Regulations to effect compliance with certain requirements of the law. We have <br />not chosen to follow the offered guidance, and the Division staff has acted in an arbitrary <br />and capricious way in finding the application incomplete for lack of complying with <br />Division guidelines. Neither the Act nor the Rules require the discussion detailed in your <br />item 2. In any event, as has been presented to the Division staff on numerous occasions, <br />the post-mining land use has been implemented throughout the Carbon Junction Mine <br />permit area through the development and operation of the Ewing Mesa Pit #1 <br />(industrial/commercial land use), the development of public trails (recreation land use), <br />and the plotting and recording of residential parcels through La Plata County (residential <br />land use). To the best of our knowledge and belief, he Division has verified all of this <br />information.