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"EXHIBIT A"TO AM-06 SETTLEMENT AGREEMENT <br /> Stipulations for AM-06 <br /> Climax shall submit for Division of Reclamation, Mining and Safety ("Division"or <br /> "DBMS") review a revised Water Quality Monitoring Plan (the"Water Monitoring <br /> Plan") and Environmental Protection Plan ("EPP") to Climax's M-1977-493 Permit, in a <br /> separate process from this AM-06 application proceeding. The Division will determine, <br /> based on the content of the plans, whether the submittals are an amendment or a technical <br /> revision to Climax's M-1977-493 Permit. Such determination is subject to Mined Land <br /> Reclamation Board ("MLRB") review upon objection. <br /> Climax intends to test and commission the operation of its facilities beginning in the <br /> summer or fall of 2011. During this testing and commissioning period, the water level in <br /> Robinson Lake will not exceed an elevation of 10,876 feet and the elevation of the 3 Dam <br /> Crest Berm will not be raised. <br /> Climax will not raise the water level in Robinson Lake above 10,876 feet or raise the 3 <br /> Dam Crest Berm from its current height until: (1) water quality sampling has begun at <br /> monitoring sites located between the north abutment of 1 Dam and Eagle Park Reservoir, <br /> as those monitoring sites are identified in the Water Monitoring Plan and (2)the Water <br /> Monitoring Plan and EPP have been approved by the Division, or have been approved by <br /> the MLRB if there are any objections to the Water Monitoring Plan or EPP. <br /> In order to evaluate any impacts to water quality in Clinton Reservoir associated with <br /> road construction and pit development activities near the summit of Bartlett Mountain, a <br /> water quality monitoring program will be developed and sampling initiated prior to <br /> disturbance in the Clinton Gulch watershed. Field reconnaissance of best management <br /> practices and stormwater controls related to road construction activities will be evaluated <br /> and implemented in advance of road construction disturbances on Bartlett Mountain. <br /> Climax will provide copies of the EPP and Water Monitoring Plan to the Eagle Park <br /> Reservoir Company, Eagle River Water and Sanitation District, Upper Eagle Regional <br /> Water Authority, and Clinton Ditch and Reservoir Company at least two weeks prior to <br /> its submittal of these Plans to the Division. Climax will notify these parties of any <br /> comments from the Division on the Plan submittal(s) and will provide copies of any <br /> responses to the Division to the parties concurrently with its submittal of these responses <br /> to the Division. <br /> 1. Content of Water Quality Monitoring Plan <br /> Regarding content of the revised Water Monitoring Plan to be submitted for review and <br /> approval, Climax agrees that the Water Monitoring Plan will address the following: <br /> (a) Climax will investigate the geology and groundwater conditions in the <br /> area between the north abutment of 1 Dam and Eagle Park Reservoir. This information <br /> will be used to evaluate the need for and potential Iocations of a groundwater monitoring <br /> 1401550.5 <br /> 5/1011 1 <br />