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C/ U / ,, V •J /- I J/~ <br />STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY / <br />Department of Natural Resources <br />1373 Sherman St., Room 275 <br />Denver, Colorado 80203 <br />Phone: (303) 86(x3567 <br />FAX: (303) 832-8706 <br />October 31, 2007 <br />Mr. Bruce D. Smith <br />Western Water and Land, Inc. ~ <br />743 Horizon Court, Suite 330 <br />Grand Junction, Colorado 81506 <br />RECEIVED <br />NOV Q 2 2001 <br />Division of Reclamation, <br />Mining and Safety <br />RE: Logan Wash, Permit No. M-1977-424, Amendment No. 1, Second Adequacy Review <br />Dear Mr. Smith: <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />SAFETY <br />Bill Owens <br />Governor <br />Russell George <br />Executive Director <br />Ronald W. Catlany <br />Division Director <br />Natural Resource Trustee <br />The Division of Reclamation, Mining and Safety (DRMS) completed review of your response to the preliminary <br />adequacy review of Occidental Oil Shale Inc.'s (OOSI) application for Amendment No. 1 (AM-01) to Permit No. M- <br />1977-424 for the Logan Wash mine site. The application cannot be approved until the following remaining issues <br />are adequately addressed. Please submit a response to the following issues as soon as possible, but no later than <br />12:00 P.M. on November 2, 2007 so the decision due date set for 4:00 p.m. November 5, 2007 can be met. If your <br />response, or an extension request, are not received by 12:00 P.M. November 2, 2007 this application may be <br />denied. <br />ADEQUACY ISSUES <br />1. Response acceptable. <br />2. Response acceptable. <br />3. Response acceptable. <br />4. Response acceptable. <br />DRMS records do not indicate if the exclusion of the evaporation pond and pipeline from Permit No. M- <br />1977-424 was for some specific reason in 1984, or if it was just an oversight. DRMS believes that <br />these mine related structures and plans for reclamation of those structures should have been <br />incorporated into the permit at that time. In any case, reclamation plans, including plans to terminate <br />treatment of retort water, should have been incorporated into the permit upon approval of Senate Bill <br />181 in 1989 that designated DRMS (MLRD at that time) the implementing agency for ground water <br />quality protection on permitted mine sites in Colorado. <br />The plans to reclaim the evaporation pond and pipeline are acceptable, but OOSI must submit a plan <br />that provides a methodology and timeframe by which the discharge from the retorts will either meet <br />NPDES discharge standards, ground water standards or cease all together so the pond and pipeline <br />can be removed. <br />DRMS cannot approve use of the evaporation pond as a permanent treatment for the retort discharge. <br />Section 34-32-116 (7) (q) of The Mined Land Reclamation Act (Act) states in part "Upon termination of <br />the entire mining operation and in accordance with the reclamation plan, each phase of final <br />reclamation shall be completed prior to the expiration of five years after the date on which the operator <br />advises the board that such phase has commenced, unless such period is extended by the board <br />Office of Office of <br />Mined Land Reclamation Active and Inactive Mines <br />