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~~~-12-98 WED 17:18 . ~ L .~ p, 05/06 Mr. Allen Sorenson - OMG Page 4 . August 12. 1998 . If an exc.eedence of a ~ater quality ::itandard is measured in the release from the Eagle Park Reservoir, weekly mOMonng shall commence at a location downstream of the confluence between the reservoir relea~e and the Eagle River, for the parameter(s) which was exceeded. If an exceedence IS noted at the downstream monitoring location for the same parameter(s) for two consecutive tests, OMG will be notified and Climax will take the necessary measures to determine the source of the exceedence. This m3Y' include monitoring the reservoir outlet. monitoring within the reservoir, verification that the cut-off systems are properly functioning, monitoring upstream of the reservoir, and other appropriate locations to determine the potential source. _ . Weekly monitoring will continue at the outlet of the Reservoir and downstream of the confluence of the Eagle River until it can be demonstrated that no exceedences are occurring which may be caused by the Eagle Part< Reservoir delivery or until water quality standards are met for 2 consecutive weeks. . Any two oonsecutive exceedences of the chronic aquatic life water quality standards at the down stream point on the Eagle River Shall result in an immediate reduction of discharge flow sufficient to result in an in-stream water quality that meets the water quality standards of Segment 3 of the Eagle River. If there is sufficient reason to believe that an emergency condition exists related to aquatic life in the Eagle River, basea either on the water quality data observations or the condition of the aquatic life itself, the DMG may require Climax to immediately reduce or discontinue discharge from the Eagle Park Reservoir such that the water quality standards will be met. . If it is determined that the source of the prOblem is related to sources upstream of the reservoir. or mining materials in the reservoir, Climax Molybdenum Company, will restore, as quickly as practicable, operational controls on the Eagle Park Reservoir or the approved Climax Environmental Protection Facilities to prevent further exceedences. Based on mutual agreement by the Division of Minerals and Geology and Climax. alternative methods of addressing the cause of the exceedences other than restoration of operational oontrols can be implemented. Condition No. 3 If there are no water quality standard exceedences, 3na/ytical results obtained during periods 'of water delivery from Eagle Park Reservoir will be submitted to the DMG and the WQCO WitniFl 30 days after water delivery is complete for the calendar year. A report that summarizes the results of the three-ye3r monitoring program will be submitted to the Division of Minerals and Geology and WQCO no later than 60 days following receipt of the results of the last sample. Climax Molybdenum will notify OMG verbally or via facsimile within five (6) business days of the receipt of results that show an exceedence of an in-stream water quality standard in the East ForI< of the Eagle River or determination that the reservoir is the source of an exceedence. Copies of such analysis will be forwarded to the DMG within ten (10) business days of reeeipt. Condition No. 4 Climax understands that additional conditions to approval of SR-002 require the removal of inert debris from below the high water mark of the reservoir and diversion of water from the steep slopes on the reservoir's southem shore prior to final acceptance of the Application for Reduction of Warranty. Climax understands that these items will be subject to a future inspection by the DMG. Climax reserves the right to object to any additional requirements ~s spilcified by the MLRA.