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??? r ASS <br />STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources 4--4C>_ <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />February 7, 2011 R`Ccivsa <br /> FEB 09 2011 <br />Bob Warneke <br />Natural Soda, Inc. Division or Reclamatio <br />Mining and n, <br />S <br /> <br />3200 CR 31 ?tY <br />Rifle, CO 81650 <br />COLORADO <br />D I V I S I ON OF <br />RECLAMATION <br />MINING <br />SAFETY <br />rno <br />Gover <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />RE: Notice of Determination That File No. M-1983-194; Also known as Natural Soda, <br />Inc., Nahcolite Project, is a Designated Mining Operation (DMO) -*"' Atq _D? <br />Dear Mr. Warneke: <br />As a result of a review of your operational conditions, to include: <br />• pertinent site geology and geochemistry; <br />• associated materials being or to be extracted; <br />• extraction and processing operation plans and facilities design, and; <br />• other applicable file documents; <br />the Division has determined that your existing operation is a Designated Mining Operation (DMO). <br />Specifically, this determination of DMO status is based on the following: <br />Analyses of the pregnant nahcolite solution fi-onz the mining process confirm that the solution is <br />high in total dissolved solids (TDS), chloride, fluoride, boron, uranium and benzene which could <br />cause material damage to surface and ground water quality and to soil, vegetation and wildlife if <br />released to the environment. The process brines produced by Natural Soda's operation are <br />considered to be toxic and could cause TDS, chloride, fluoride, boron, uranium and benzene <br />water quality standards to be exceeded if released to an aquifer or a szaface stream and could <br />potentially cause other standards to be exceeded due to the brine containing trace elements <br />associated with accessory minerals in the saline minerals suite within the mining interval. <br />This determination is made in conformance with the provisions of Rule 7.2 of the Minerals Rules and <br />Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, Metal and Designated <br />Mining Operations (Rules). If you agree with this determination, per Rule 7.2.3(1) you are required to <br />notify the DRMS of your concurrence, by mail, within 30 days of the date of this notice and proceed to <br />comply with the requirements of Rule 7.2.3(2) and (3). If you disagree with the Division's determination, <br />per Rule 7.2.4, you must appeal this notice in writing, to the Division, within 30 days of the Notice date. <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines