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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY ci <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 COLORADO <br />D I V I S ION O F <br />Phone: (303) 866-3567 RECLAMATION <br />FAX: (303) 832-8106 <br />CONF' NT?AL MINING NOW SAFETY <br />Bill Ritter, Jr. <br />March 18, 2010 Governor <br />James B. Martin <br />!/C? C • Executive Director <br />Mr. Richard Blubaugh / <br />Powertech (USA) Inc. c? <br />5575 DTC Parkway, Suite 140 <br />Greenwood Village, CO 80111 <br />RE: Centennial Project, Fourth Review of Notice of Intent Modification MD-03, File No. P-2008-043 <br />Dear Mr. Blubaugh: <br />The Colorado Division of Reclamation, Mining, and Safety (DRMS) has reviewed Powertech's submittal <br />dated March 9, 2010 responding to DRMS third review of proposed modification MD-03 to Notice of Intent <br />to Conduct Prospecting P-2008-043, and has determined that there are issues remaining to be addressed. <br />Please respond to the following items at your earliest convenience bearing in mind that if you have not <br />addressed these items within sixty days of the date of this letter the DRMS may terminate consideration of <br />the proposed modification (Rule 5.1.3 of the Mineral Rules and Regulations of the Mined Land Reclamation <br />Board). <br />1. Powertech has requested the flexibility to use tanks regardless of previously stored contents. DRMS <br />approves this request. However, DRMS will continue to require that Powertech provide a commitment for <br />provision to DRMS of Rain for Rent's detailed history of the previous contents of tanks, at least back one <br />tank use event, and a commitment that the tanks will not be used to store produced ground water until after <br />the detailed history has been accepted by DRMS in writing. DRMS will not use this detailed history for any <br />reason other than to inform.and frame the evaluation of rinsate test results; tank history will not be used to <br />disqualify tanks that pass the rinsate testing and.meet all other requirements of MD-03. <br />2. Powertech has committed to pump test commencement after April 15 and to monitoring the long range <br />temperature forecast and postponing the pump test if "abnormally sub-freezing air temperatures are to be <br />expected." These commitments, along with the commitment to install valves and other plumbing to clear the <br />pipes if freezing potential were to develop, are sufficient for DRMS to eliminate the requirement to bond for <br />freeze protection equipment and equipment operation. In order to apply enforceable parameters to the <br />forecast monitoring commitment, please state affirmatively that Powertech will not commence the pump test <br />until such time that the National Weather Service forecast for the pump test location is free of any sub-25 <br />degree Fahrenheit predictions. <br />DRMS estimates the cost to reclaim the pump test site at $63,670.00. The details of the cost estimate are <br />enclosed with this letter. This estimate differs from the DRMS cost estimate for MD-03 previously prepared <br />as follows: <br />a. Costs for freeze protection have been removed. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines