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}?~ ~ Climax Mol bdenum <br />~~~~APhelps0odgeCompany y <br />August 1, 2006 <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 />ass, c~~ <br />COLORADO OPERATION <br />Henderson Mine <br />P.O. Box 68 <br />Empire, CO 80438 <br />Phone (303) 569-3221 <br />Fax (303} 569-2830 <br />RECE~~®E' <br />~/AUG 0 3 2006 <br />Uivisian of Minerals ana Gs..¢ -a <br />,j - <br />RE: Concerning Amendment AM-0 Permit Number M-77-342 <br />Dear Ms. Campbell: <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the Ultimate Canal had never been withdrawn from the original permitted affected area and that 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 canal 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 />ast ~+veek, 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 Mill 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 co_m_ments. (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. Deeiy, Phelps Dodge <br />B. Nazarenus. Ryley Oarlock & Applewhite <br />T. Haynes. Climax Molybdenum Company <br />A. Sorenson, Colorado DMG <br />