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COLORADO <br />Division of Reclamation, <br />Mining and Safety <br />Department of Natural Resources <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />October 20, 2017 <br />Climax Mine <br />Attn: Ray Lazuk <br />Highway 91 <br />Climax, CO 80429 <br />RE: Notice of Rule 3.1.7(4), Groundwater Quality Standards, Climax Mine, Permit No. M-1977-493 <br />Dear Mr. Lazuk: <br />In a correspondence dated November 4, 2016, this Office requested Climax Mine demonstrate <br />compliance with Water Quality Control Commission Regulation 41, Basic Standards for Groundwater <br />(Regulation 41). Climax Mine responded in a correspondence dated December 8, 2016, in which it <br />provided data and sought to demonstrate compliance with Regulation 41. Climax Mine further <br />presented its position and supporting data in several subsequent meetings with this Office and Water <br />Quality Control Division (WQCD). <br />The Office and WQCD have reviewed the data submitted by Climax Mine and presented by Climax in <br />subsequent meetings. Given the language of Regulation 41, the Office and WQCD have determined <br />the data provided by Climax is inadequate to estimate existing ambient quality as of January 31, 1994. <br />Therefore, at this time and superseding any prior permit conditions, the numeric protection levels for <br />all groundwater points of compliance for the Climax Mine will be equivalent to the table value <br />standards included in the interim narrative standard of Regulation 41. This includes the 0.05 mg/L <br />standard for manganese which is currently exceeded in the Eagle and Arkansas River watersheds. <br />Pursuant to Rule 3.1.7(4)(d), within 90 days of the date of this notice, due January 18, 2018, please <br />provide a plan to the Office whereby Climax Mine will modify their permit to attain compliance with <br />Regulation 41. The proposed plan shall include timetables whereby Climax initiates a Water Quality <br />Control Commission (WQCC) rulemaking process to classify groundwater and establish a site specific <br />manganese standard for groundwater other than the 0.05 mg/L interim narrative standard. <br />Serel� <br />:D4 . <br />Wallace H. Erickson <br />Senior Environmental Protection Specialist <br />Enclosure: Memo from Robert Hillegas, WQCD, dated October 4, 2017 <br />oF-coca <br />1313 Sherman Street, Room 215, Denver, Co 80203 P 303.866.3567 F 303.832.8106 http://mining.state.co.us <br />John W. Hickenlooper, Governor i Robert W. Randall, Executive Director i Virginia Brannon, Director <br />r � <br />+ r <br />* 11376 <br />