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f ~ ~ ~\ .. E`~`J _ DEC 171986 STATE OF COLORADO NiiIVED LAND MINED LAND RECLAMATION BOARD (~E~LAMATiON DIVI.SIQN DEPARTMENT OF NATURAL RESOURCES IN THE MATTER OF AGREEMENT, STIPULATION Climax Molybdenum Company ) AND ORDER File No. M-77-493 ) This Agreement, Stipulation and Order ("Agreement") is by and between the Mined Land Reclamation Board ("Board"), the Mined Land Reclamation Division of the Department of Natural Resources of the State of Colorado ("MLRD"), which are collectively acting by and through David C. Shelton, Director of MLRD, and AMAX Inc., a New York corporation, acting by and through its Assistant General Counsel, E. Dale Trower. The Board has primary responsibility pursuant to the Colorado Mined Land Reclamation Act ("Act"), CRS 34-32-101 et seg., to enforce the Act and the terms of approved permits issued pursuant thereto. The MLRD, among its other func- tions, serves as the inspection arm of the Board pursuant to Rules and Regulations of the Board. AMAX, through its Climax Molybdenum Company division, operates the Climax Mine, a large molybdenum mine ("Mine"), which has been in operation since 1918. The Mine and its anciliary industrial and milling facilities and related operations are located at Fremont Pass, Colorado near Leadville. AMAX holds an approved permit, M-77-493, issued by the Board on February 23, 1978, as amended November 19, 1980, which permit includes a Reclamation Plan ("Plan") for the Mine. On September 16, 1986, the MLRD concluded at the Mine and observed dust blowing from the and tailing dam surfaces. MLRD notified AMAX September 30, 1986, of a Formal Hearing by the held October 23 and 24, 1986, to determine the possible existence of a violation of CRS 34-32-116(1)(j) and Permit an inspection tailing pond by letter dated Board to be No. M-77-493.