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acs, Cbm <br />~.~~ ClimaX Mol ybdenum <br />A Phelps Dodge Company <br />August 28, 2006 <br /> <br />COLORADO OPERATIONS <br />Henderson Mine <br />P.O. Box 68 <br />Empire, CO 80438 <br />Phone (303) 569-3221 <br />Via Parcel Post ~CC~'~, <br />Debra Campbell, Director ~~ ACUG 3 ~~ <br />Grand County Department of Planning and Zoning ~ Z~t?~ <br />Hot SulfurSArin s, 06804519 D~vM'nnofReganyallon <br />P 9 ~ ~ 9 ono Saftrty <br />RE: Concerning Amendment AM-05, Permit Number M-77342 <br />Dear Ms. Campbell: <br />It appears that your letter of August 3, 2006, crossed paths in the mail with my letter of July 31, <br />2006. <br />We were surprised and disappointed by your August 3, 2006 letter. Based on our meeting on <br />July 19 it was Climax's understanding that the Grand County Planning Department was <br />considerate of the fact that the ultimate interceptor canal had already been approved pursuant <br />to the County's special use process. <br />The respective positions of the Planning Department and Gimax regarding the ultimate <br />interceptor canal have been documented, and there is little point in repeating them here. <br />However, as stated in my July 31, 2006 letter, the Division of Minerals and Geology ("DMG") <br />has approved the construction of the ultimate interceptor canal, and has determined that such <br />construction was specifically contemplated by the original reclamation permit. The Division's <br />determination was based on the same documentation that Climax has submitted to the Planning <br />Department. <br />As I informed you in my July 31, 2006 letter, in light of the DMG's approval, construction of the <br />interceptor canal has commenced and 's now fully underway. Climax regrets any <br />misunderstanding with the Grand County Planning Department over this matter, and remains <br />strongly committed to a constructive relationship with the Planning Department. <br />Please contact me with any questions or comments. I can be reached at (303) 569-3221 ext. <br />1204. <br />Sincerely, <br />Bryce Romig ~i <br />Environmental Manager <br />Climax Molybdenum Company <br />Cc: J. Arnold, Climax Molybdenum Company <br />S. Deely, Phelps Dodge <br />B. Nazarenus, Ryley Oarlock 8 Applewhite <br />T. Haynes, Climax Molybdenum Company <br />A. Sorenson, Colorado DMG <br />