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V. a '$ <br />event EPR is contaminated. <br />Page 2 of 3 <br />is As to making the new agreement a term of the permit, our clients have very promptly responded to Climax' <br />request that they withdraw from the state agency process on the requested permit amendment. They have <br />agreed to do that on the reasonable condition that the negotiated agreement become a term of the permit. We <br />have thought all along we were negotiating permit conditions. <br />Finally, you seemed very concerned that these matters not get escalated within our respective client <br />organizations. We agree -- a quick, negotiated resolution is best for all concerned. That said, we have clear <br />direction from our clients since we spoke on Tuesday as to the points explained.above. We do not want to <br />present this matter to the Mined Land Reclamation Board, but are prepared to do that if necessary. <br />Sincerely, <br />Glenn and Fritz <br />- --- ---- -- ------- <br />From: Frances DeVore On Behalf Of Glenn Porzak <br />Sent: Tuesday, February 15, 20115:06 PM <br />To: Brian Nazarenus (bnazarenus@rcalaw.com) <br />Cc: Fritz Holleman <br />Subject: <br />Dear Brian: <br />• Attached for your review is a revised draft of a proposed agreement between Climax and the Eagle Park <br />Reservoir Company, Eagle River Water & Sanitation District and the Upper Eagle Regional Water Authority. All <br />changes from your letter from Climax to the Eagle Park Reservoir Company have been highlighted and a clean <br />copy is also attached. <br />Substantively, the two versions are similar, although we have set this up as an agreement and included all four <br />entities in the one document. <br />Please give us a call to discuss any concerns that you may have with this draft. We hope to get you the Climax- <br />Clinton agreement shortly. <br />Sincerely, <br />Glenn Porzak <br />Fritz Holleman <br />Glenn E. Porzak <br />Porzak Browning & Bushong LIP <br />929 Pearl Street, Suite 300 <br />Boulder, CO 80302 <br />303-443-6800 tel <br />• 303-443-6864 fax <br />gporzak@pbblaw.com <br />n /„ /- n , ,