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• Ongoing and long-term capture of impacted water from the underground workings and surficial <br /> drainage requiring perpetual monitoring and site access restrictions in the area of the CAVR. <br /> • Current and post-mining land use restrictions(rangeland or industrial/commercial)as regulated <br /> by DRMS under Permit No. M-1977-493 and Lake County zoning. <br /> These factors demonstrate that additional environmental use restrictions or environmental covenants are <br /> unnecessary for the long-term protection of human health or the environment from the CAVR. <br /> Inclusion of the CAVR in the Climax EPP as part of Reclamation Permit No.M-1977-493 would <br /> incorporate the necessary institutional controls to protect human health and the environment. <br /> Notwithstanding the rationale stated above regarding the exemption status of the project or the need for <br /> additional institutional controls, Climax could incorporate protection of the CAVR to serve as a <br /> functional equivalent to an environmental covenant in the EPP through a Technical Revision to the Mine <br /> Reclamation Permit. For example,the following could be incorporated into the EPP: <br /> • The formal authorization by HMWMD designating the CAVR as an approved asbestos disposal <br /> location would be identified in the EPP under the Other Permits and Authorizations section; <br /> • The location of the CAVR would be shown on all site maps; <br /> • Although the CAVR does not meet the strict DRMS defmition of an Environmental Protection <br /> Facility,the CAVR would be incorporated into the EPP with the following restrictions and <br /> requirements: <br /> o The asbestos disposal within and closure of the CAVR would be described and <br /> requirements not to disturb the cap or breach the containment to the underground disposal <br /> area without formal notification to the DRMS and CDPHE-HMWMD would be <br /> incorporated as DRMS permit requirements; <br /> o Post-mining land use of the surface area at the CAVR cap location would be specifically <br /> restricted to rangeland or industrial/commercial; and <br /> o A provision would be added requiring notification to HMWMD in the unlikely event that <br /> the permit is terminated, or transferred. At such time,further assessment of the need for, <br /> and efficacy of, an environmental covenant or use restriction would be determined and <br /> the necessary administrative control will be obtained with HMWMD approval. <br /> Incorporating these requirements into the Climax Reclamation Permit,will ensure that the relevant <br /> information is known to both regulators and potential future mine owners. As the primary risk of <br /> asbestos exposure is related to access via existing underground mine workings, incorporating this <br /> information within the reclamation permit and DRMS public record, as opposed to placing a covenant on <br /> a surface parcel,will provide greater protection should future underground mining be proposed at Climax <br /> (resumption of underground mining would require new permitting approvals through the DRMS). <br /> Thank you for considering our response. Before HMWMD makes a decision on requiring an <br /> environmental covenant, and to further help in your understanding of our site,we encourage you to visit <br /> Climax to inspect the CAVR and to tour our mine facilities. We have an impressive operation, spanning <br /> almost 8,000 acres within a 14,000-acre land ownership boundary,and we believe a visit will clarify <br /> many of the points made in this letter and demonstrate why additional institutional controls are not <br /> necessary for the CAVR. <br /> 4 <br />