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? y <br />'y <br />• <br />February 11, 2011 DRAFT Climax - Eagle Park Reservoir Co. Agreement <br />and pipeline that conveys seepage water to Robinson Lake. This facility is an identified <br />Environmental Protection Facility (EPF) under the Environmental Protection Plan (EPP) in <br />Climax's permit, and is regulated and inspected by the Division as such. <br />(b) Ground water quality has been measured at the Robinson Lake <br />Seepage Pump System and from a monitoring well located downgradient from the cutoff <br />wall. Climax submits that the pump system has sufficient capacity to capture any increased <br />seepage resulting from the increase in water stored in Robinson Lake, The Reservoir <br />Company, the District and the Authority have expressed concern that the current Robinson <br />Lake Seepage Pump Station will not be adequate to collect increased seepage associated with <br />the increased storage in Robinson Lake, and that water quality in the Eagle Park Reservoir <br />could be negatively impacted. The Reservoir Company is also concerned that modifications <br />to Robinson Lake could affect the quantity of water in the Eagle Park Reservoir watershed. <br />In addition, the Reservoir Company has expressed concerns that leakage or failure of the <br />Robinson reclaimed water pipeline could cause discharge of contaminated water into the <br />Eagle River watershed. <br />• (c) Climax will enhance the monitoring of water quality below all <br />Robinson Lake structures, pump facilities, and pipeline and promptly share all such water <br />quality data with the Reservoir Company, the District and the Authority. Climax monitoring <br />program is subject to the review and approval of the Reservoir Company, the District and the <br />Authority. Based on the results of this monitoring, Climax will perform additional capture or <br />take other actions, as necessary, to prevent impacts to Eagle Park Reservoir water quality <br />pursuant to Climax's obligations under Paragraph 15 of the Purchase and Sale Agreement <br />and this Agreement. <br />(d) Climax agrees that any water storage in Robinson Lake will be <br />pursuant to decreed water rights and will not affect the quantity of water available to the <br />Reservoir Company under its decreed rights. <br />4. Interceptor Ditches. The Reservoir Company, the District and the Authority <br />have expressed concerns that activities proposed in the AM-06 application will affect the <br />location, quality and quantity of water in the Chalk Mountain Interceptor Ditch, the East <br />Interceptor Ditch, Supply Canal No. 1, and Supply Canal No. 2. Climax agrees that the <br />proposed activities will not affect the location, water quality or quantity of water in these <br />ditches and canals, and Climax is bound in this respect by Paragraph 15(a) of the Purchase <br />and Sale Agreement. These ditches and canals will remain in their existing locations and no <br />diversions or modifications to the water supply and water quality in these ditches and canals <br />will occur under the activities proposed in AM-06. <br />• 5. Remedies. In the event of any contamination of Eagle Park Reservoir, Climax <br />will take immediate steps to restore the water quality in Eagle Park Reservoir and take all