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Porzak Browning & Bushong LLP <br />Attorneys- at- Law <br />Glenn E. Porzak 2120 1311' Street, Boulder, Colorado 80302 <br />Steven J. Bushong <br />Kristin 1-1. Moseley Michael F. Browning <br />Kevin J. Kinnear Of Counsel <br />Karen L. Henderson -- <br />Carina A. Hach <br />Cassidy L. Woodard <br />May 1, 2018 <br />Via E -Mail: Ei-ic.Sco11(@.state.co.us <br />Eric Scott, P.G., R.G. <br />Division of Reclamation Mining and Safety <br />1313 Sherman St., Rm. 215 <br />Denver, CO 80203 <br />Re: Climax Revised Water Quality Management Plan, TR -27 <br />Dear Mr. Scott, <br />303-443-6800 Tel. <br />303-443-6864 Fax. <br />www.pbblaw.com <br />This letter is on behalf of the Clinton Ditch & Reservoir Company ("CDRC") and pertains to the <br />Climax Mine Water Quality Monitoring Plan (TR -27). <br />As you know, CDRC owns and operates a reservoir adjacent to the CIimax Mine and receives <br />water not only from the Clinton Gulch, but also from the East Interceptor ditch that picks up <br />water from the Climax Mine property. CDRC relies, in part, upon Climax's water quality <br />monitoring to ensure the reservoir is not receiving contamination from the mine. Climax is now <br />proposing to delete a number of parameters from both its ground water and surface water <br />monitoring. Although there may be a basis for deleting some parameters, we urge DBMS not to <br />allow Climax to drop future sampling of arsenic, mercury and silver. <br />CDRC maintains that the past water sampling by Climax for arsenic, mercury and silver has been <br />inadequate to define the baseline concentrations of these toxic metals. That is because Climax is <br />employing detection limits that are 10 — 125 times greater than surface water standards. It is our <br />understanding that detection limits are readily available for these metals that are either below or <br />much closer to the surface water quality standards. It is difficult to understand why Climax has <br />been allowed to use detection limits for toxic metals that will not likely be able to detect the <br />metals. Moreover, under those circumstances, the inability to detect the metals should not be a <br />basis to delete the metals from future sampling. <br />The Reservoir Company desires adequate monitoring to provide it with an early detection system <br />should the concentration of metals increase in its water supply. We believe this is consistent <br />with DRMS's obligation to minimize disturbances to surface water quality, ensure compliance <br />with surface water quality standards, and to employ adequate monitoring to meet those <br />