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and a cost breakdown of the increased proposed disturbance is required in order to make the application <br />complete for technical review. <br />EXHIBIT U -- Designated Mining Operation Environmental Protection Plan (Rule 6.4.21): You must <br />provide information sufficient to demonstrate that an Environmental Protection Plan is not required to address <br />proposed or permitted activities that do not involve, affect, or influence the storage, handling or disposal of the <br />designated chemicals and do not disturb toxic or acid-forming materials, and that do not cause, or have the <br />potential to cause, generation of acid mine drainage. In order to demonstrate that Exhibit U is not applicable to <br />permit M-1983-194 please sample the recovered "pregnant" nahcolite solution that is recovered during the <br />mining process. The list of parameters to be sampled for is enclosed with this document. <br />• The requested information was received January 11, 2011. Evaluation of the sample data by Division <br />staff has determined that the Natural Soda, Inc. Nahcolite Project shall be classified as a Designated <br />Mining Operation (DMO) due to the samples of the pregnant nahcolite solution from the mining <br />process collected and analyzed confirm that the solution is high in total dissolved solids (TDS), <br />chloride, fluoride, boron, uranium and benzene which could cause material damage to surface and <br />ground water quality and to soil, vegetation and wildlife if released to the environment. The process <br />brines produced by Natural Soda's operation could cause TDS, chloride, fluoride, boron, uranium and <br />benzene water quality standards to be exceeded if released to an aquifer or a surface stream and could <br />potentially cause other standards to be exceeded due to the brine containing trace elements associated <br />with accessory minerals in the saline minerals suite within the mining interval. In addition to this <br />notice of incomplete application a DMO designation notice will be sent to Natural Soda, Inc. under <br />separate cover. <br />Natural Soda, Inc. must address the requirements of Rule 6.4.21 and Rule 7 and submit all required <br />materials in order for the application to be considered complete for technical review. <br />According to Colorado Mined Land Reclamation Act for the Extraction of Hard Rock, Metal <br />and Designated Mining Operations, C.R.S. 34-32-112.5(3)(d) the site is classified as a 112d(3) <br />and per Rule 1.5.4(4) the appropriate amendment fee is $7,475.00. An amendment application <br />fee of $1,783.00 has been submitted therefore the outstanding amendment application fee is <br />$5,692.00 which must be submitted in order to make the application complete. <br />Your application will not be considered submitted until the information listed above is received and found sufficient to <br />begin our review. Per Rule 1.4.1(7), a decision date will be established 150 days (The typical 90 day 112 application <br />review period plus an additional 60 days due to technical complexity of the application.) from the date of receipt of all of <br />the requested information. Additionally, if you have already published notice you will need to republish notice, after the <br />Division considers the application submitted. This notice must be published once a week for four (4) consecutive weeks, <br />starting within ten (10) days of the date your application is considered submitted. We will notify you when you should <br />initiate republication of your notice. The final (late for receiving comments is the 20th day after the fourth publication or <br />the next regular business day. <br />This letter shall not be construed to mean that there are no other technical deficiencies in your application. The Division <br />will review your application to determine whether it is adequate to meet the requirements of the Act after submittal of all <br />required items. <br />Sincerely, <br />Travis Marshall <br />Environmental Protection Specialist <br />