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,~~ s <br />Climax Mol ybdenum <br />A Phelps Dodge Company <br />August 1, 2006 S-(~d~~ V Sip O ~ 'C~ ~`~ <br />Via Parcel Post <br />Debra Campbell, Director <br />Grand County Department of Planning and Zoning <br />308 Beyers Ave., P.O. Box 239 <br />Hot Sulfur Springs, CO 80451 <br />RE: Concerning Amendment AM-O5, Permit Number M-77-342 <br />Dear Ms. Campbell: <br />DECEIVED <br />AUG02~ <br />Y~d>sws if 16hkmMls~nd6~!Ibts,H <br />This letter is to inform you that Climax Molybdenum Company, Henderson Mine and Mill, met <br />with the Colorado Division of Minerals and Geology on July 13"' to discuss the above <br />referenced Amendment. In that meeting, Climax petitioned the Division for a determination that <br />the Ultimate Canal had never been withdrawn from the original permitted affected area and that <br />the Cana! therefore remained an approved and authorized facility under the Henderson Mine <br />and Mill Reclamation Permit. Climax reviewed all existing documentation related to the Ultimate <br />Canal in presenting this request to Division staff. <br />Last week, Climax was informed that the Division concurred with Henderson's position and we <br />have received authorization to proceed with the construction of the diversion structure. Climax <br />has initiated construction of the canal at the Henderson Milt site. <br />The Division has suggested that Climax withdraw Amendment AM-05 as a result of this <br />decision. Climax expects to resubmit a revised Amendment application in the coming months <br />for authorization of a modified affected land footprint and to acknowledge DUSEL as a post <br />mining land use for the Mine. Climax will contact you prior to submitting the application to <br />discuss its contents. <br />Please contact me with any questions or comments. I can be reached at (303} 569-3221 ext. <br />1204. <br />Sincer _~- <br />, <br />Bryce Romig <br />Environmental Manager <br />Climax Molybdenum Company <br />Cc: J. Arnold, Climax Molybdenum Company ~~ <br />S. Deely, Phelps Dodge C <br />B. Nazarenus, Ryley Carfock & Applewhite t <br />T. Haynes, Climax Molybdenum Company <br />A. Sorenson, Colorado DMG <br />COLORADO O?ERATIONS <br />Henderson Mine <br />P.O, Box 68 <br />Empire, CO 60438 <br />Phone (303)569-3221 <br />Fax (303) 569-2830 <br />