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<br />AUG-12-98 WED 17:18 <br />'~ <br /> <br />p, 04/08 <br /> <br />rrr-.... <br /> <br />r...... <br />" <br /> <br />.. <br />"J;, <br /> <br />Mr. Allen Sorenson - DMG <br />Page J <br />August 12,1998 <br /> <br />Climax believes that the physical removal of the oxide tails from the Eagle Park Reservoir is <br />complete. This effort along with the construction of facilities to protecc the reservoir from potential <br />releases of process water or designated chemicals has been so successful that the potential risk to <br />the Eagle River from Climax mining activities has been all but eliminated. Because of this, Climax <br />agrees to meet the following eonditions even though Climax doe~ not agree th~t DMG h{il~ the <br />regulatory authority to require Climax to complete all of the activities below. <br /> <br />Condition No. 1 <br /> <br />Climax Molybdenum ComF'Glny rClimaxn) will maintain water levels and operational controls on Eagle <br />Park Reservoir to prevent delivery of wat~r to the Eagle River until such time as the Division of <br />Minerals and Geology (nDMG") has accepted and approved all data from the approved monitoring <br />plan up to and including water quality data from the sampling event conducted in the second quarter <br />of 1998. These data were provided in the June 8, 1998 meeting at the waCD offices. DMG has <br />reviewed and accepted these data. Condition 1 has therefore been satisfied. <br /> <br />Condition No. 2 <br /> <br />The DMG will hold the option to rescind its conditional finding that post-mining land use of developed <br />water resources for Eagle Park Reservoir has been achieved if. upon review of, the data and <br />consultation with the Water Quality Control Division ("waCO"). it is detennined th{ilt the di::lcharge <br />results in exceedences of the chronic water quality standards. The conditional finding will become <br />final based the acceptance of a report on data gathered over a three-year monitoring period. <br /> <br />The monitoring period will commence with the first release of water and occur during the first three <br />years of reservoir water delivery. <br /> <br />Data used to judge long-term performance will be obtained by sampling the reservoir water at the <br />outlet works during delivery. Clim3X will continue quarterly sampling through the fourth quarter of <br />1998 at the three established sampling points on the north, east, and south shores of the reservoir, <br />and at a surface and 35 foot depth sample point in the center of the reservoir. During the period of <br />reservoir wat~r delivery to the East Fork of the Eagle River, a sample will be tak/!m at the outlet works <br />on the first day, approximately at the midpoint, and Mar termination of water delivery, Concurrent <br />sampling in the East ForK of the Eagle River above and below the connuence of reservoir and river <br />waters dUring reservoir deliveries Will be conducted in order to compare data in the final report. <br />Climax uses a depth bomb water sampling device made of Teflon to extract samples from .depth in <br />the reservoir. Collection and sampling methodologies are aligned with the Sampling and Analysis <br />Plan (SAP) submitted in the April 15, 1997 Eagle Park Reservoir data summary for the reservoir. <br /> <br />Up~pletion of the three-year ~d, a report will.~e ~u.bmittedJo the DMG that summarizes the <br />data and compares tho reservoir w:ater quolity with inpstreom w~ter quality and the appli~ble <br />standards. An anti..cJegradation type evaluation will be included in this report. I!J~e.dat~Ld~monstrj!!te., <br />hat degradation has occurred during the first three years ot reservoir wat~! _ ~livery, -DJIJI~:~ = <br />consl eratiOn ofm;alapprovalorS~.OQ2 wil.l t5e'-9ontirlUea whilelnvestigation 'i~ ~oni:W"ctec[into the, <br />.....source of eont3minsnts. that caused degradation to occur. The 'plan~for "tna.-investigation will be <br />l. 'developed by Climax and subject to DMG revi~w and approval. If the investigatior: detem:'~ne5 th~L <br />f} r -f~ t~Qntaminant source is related t~h~per~.!!..~!!.s_ of the CllmaAMlDe, tne sour~ ~III be ml~gated In <br />accordance with a plan approveacy ffie DtiifG prior to SR-002 final approval. If It IS determined that <br />-i W Zthe source of the problem is naturall~ occurring or the result of non-Climax activity. then no further. <br />ttst,f\I/{J)1' laction is required by Clima,?C. I <br /> <br />..5,/6' ~yf Contingency monitoring and response will be performed as follows: . <br /> <br />/.;{///tlrvV IJ, ~ / <br />I l .,/t- NSP..''G C~E' f7i'- <br />