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P. 03/06 J AUG-12-88 WED 17:18 ~-, '<;! ",""'" f".;..... Mr. Allen Sorens,on - DMG Page 2 August 12,1998 . The ob~ect~e under conditional appr~vaJ and uJtim,ate acceptan~e of the AppliCation for Warranty Reduction IS to ensure that post-mining beneficial land use IS subject to an evaluation that d~monstrates COmpliance with water quality standards (Rule ~3.1.6) and long-term success to Climax and Agency stakeholders. . Water Quality in Eagle Park Reservoir currently meets all standards under the use classifications and designations for waters in Segment 3 of the Eagle River. Climax has completely removed the tailings from Eagle Park reservoir down to and including 54,000 yd3 of growth media below the oxide tails. . . The DMG has approved all facilities protective of potential releases of process water or "designated chemicals" to Eagle Park Reservoir from upstream mining disturbances and mining activities. As SUCh, If the approved Environmental Protection Facilities are properly maintained and operated. and continue to function in accordance with the design intent, th~re will be no contribution of contaminants to Eagle Park Reservoir from designaled chemicals, i.e. process waters, ()f the Climax Mine. . Under the Clean Water Act and the Colorado Water Quality Control Act, discharge permits are required for point sources that discharge pollutants to Waters of the United States or State Waters. Because there is no discharge of pollutants from a point source to Eagle Park Reservoir from the Climax Mine. and because the reservoir is functioning as a storage and delivery facility in the exerdse of water rights (CRS 25-8-503 (5)), a water discharge permit is not r~quired for the release of this water from the reservoir. The WQCO has reviewed the data and determined that a NPDES permit is not required for diSCharges from the reservoir. They are not requesting a permit, or claiming jurisdiction for delivery of water from Eagle Park Reservoir to the East Fork of the Eagle River. . Because regulations under the Colorado Water Quality Control Act ("the Act") that govern the discharge of point sources are divided into regulations for standards and reguJations for the issuance of discharge permits, deliveries of water from Eagle Park Reservoir are not subject to evaluations required under the COPS permit system. The WQCO has stated that it will not sutlject this discnarge to anti-degradation requirements included in Regulation 31.8. Climax does not believe that DMG has the authority to implement these portions of the Act. The OMG relies on performance standards to evaluate 5uccess of reclamation effortS conducted by permitted operators in the State of Colorado. Until such time as the DMG can evaluate long- term performance of the reclamation at Eagle Park Reservoir, the reseNoir is considered by DMG to be a tailing impoundment. . Conventional reclamation performance standards include measures directed toward the evaluation of revegetation success. There are limited criteria formalized as performance standards for other post-mining beneficial land uses. With respect to Rule ~3.1.e, however, the focus of performance standards is on achievement of water quality standards. Climax and the OMG will evaluate the performance of reclamation in Eagle Park Reservoir based on statistical summaries similar to those used in evaluating in-stream water quality and anti-degradatiQn under the Water Quality Control Commission's permit regulations. Thsse evaluations are not and will not be construed as evaluations made under the COPS permit regulations. ReSDonse to CorresDondence Relative to Conditionl'i In a DMG letter of April 6, 1998, The OMG presented four (4) conditions upon which a finding can be made that the approvec:I post-mining land use of developed water resources has been achieved for ~g~~~~M~~ (