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STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY >/ Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 8663567 FAX: (303) 832.8106 June 28, 2005 ~ a `L~ Mr. Bryce Romig Climax Molybdenum Company P.O. Box 68 COLORADO DIVISION O F MIN SRALS GEOLOGY 0.EC LAM ATION•MINING EAf ETY•SCIENCE Bill Owens Governor Russell George Executive Director Ronald W. Cattany Division Director Natural Resource Trustce Empire, CO 80438 / Re: Approval of Wildlife Monitoring for Climax Mine Surface Water Bodies, Permit No. M-1977-493 Deaz Mr. Romig: Thank you for your letter dated May 20, 2005 containing a proposal for monitoring wildlife use of surface water bodies at the Climax Mine. The Division of Minerals and Geology (DMG) hereby approves your proposed monitoring with the following conditions. Your letter proposal describes annual training given to all contractors and employees working at Climax and states that this training "discusses informal observations of the water bodies on a daily basis and procedures for reporting concerns if observed." In order to evaluate and regulate compliance with wildlife performance standards established by the Mined Land Reclamation Boazd in their Rules and Regulations, DMG must be provided with reports of wildlife related concerns observed by Climax contractors and employees. It is suggested that observations of wildlife mortality on Climax property that is not of natural cause, road-kill on public roads, or a result of legal hunting or fishing be reported to DMG within 48-hours of Climax management knowledge of the mortality observation or on the next business day following the initial 48-hours, and that any other wildlife observations of concern be reported within 2-weeks of management knowledge of the observation. Note that road-kill on private ways within Climax property aze to be reported. Initial reporting may be by telephone, but must be followed by a written report. Please commit to reporting observations of wildlife concerns to DMG. 2. As to the monitoring proposal details: • There must be several observation events at each site, preferably in differing weather conditions. • Each site must be monitored at various times of the day, focusing the majority of events at dawn and dusk. • Fall monitoring for waterfowl must take place no earlier than October 1. This requirement may necessitate a change to your suggested deadline for initial report preparation by October 31. Please suggest a suitable due date by which the report will be submitted to the DMG. • Fall monitoring for mammals must be conducted prior to the first big game hunfing season that generally disrupts the animal's natural patterns. • Many wildlife signs aze hazd to see on foot, let alone by vehicle. The perimeter of each impoundment, at waters edge must be walked, if safely accessible, to survey for signs indicating wildlife maybe accessing the water resource. If not the complete shoreline, then 'on lDflice of Office of Colorado Mined Land Reclamation Active and Inactive Mines Geological Survey