2011-03-31_REVISION - M1977493 - Laserfiche WebLink

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I- . { Section T-5.2 is entitled "Eagle River Watershed." Section T-5.2.1 at page 13 of Exhibit T is entitled "Potential Sources of Contamination" and states: "[TJhe sources of potential contamination in the upper watershed of the East Fork of the Eagle River within the Climax property include: • 4 Dam seepage; • Robinson Dam seepage; • Robinson Lake (aka Robinson Reservoir); and • A portion of the Robinson TSF" This section goes on to directly state: "A major release from Robinson Lake or overflow of the seep water collection pond would enter Eagle Park Reservoir before impacting the Eagle River and its environs below the Climax boundary." In other words, not only does Climax broadly intend to use Eagle Park Reservoir and Clinton Reservoir as part of their water management system, but their plan is to use Eagle Park Reservoir as a containment structure to prevent contamination of the remainder of the Eagle River. This would contaminate and render useless one of the primary water supplies for over 80,000 citizens and two of Colorado's major ski resorts which have 2.2 million skier visits per year. A conservative estimate of the cost and value of this water is $56 million. The statement from Section T-5.2 quoted above also implies that Eagle Park Reservoir is located within the Climax property boundary when, in fact, the Eagle Park Reservoir is located on property owned by the Eagle Park Reservoir Company. Section T-1.2 admits that Eagle Park Reservoir is not owned by Climax. The Division staff admitted at the prehearing conference on March 14, 2011, that they were unaware of the foregoing provision of Section T-5.2. Moreover, in a March 18, 2011 email to Objectors' counsel, the Division asked the following: "[W]ould you be so kind as tell me where I can locate the text in AM06 which Glenn referred to several times that states that part of Eagle Lake's function is to serve as a "last-resort" for containment of a release? I would appreciate it. This concerns me a bit although I haven't found it myself yet.. IF there is some old language buried in there somewhere that I didn't catch, it's almost certainly from a time before Eagle Lake was reclaimed and could have possibly been considered an EPF. IF this is the case, it certainly needs to be removed from AM06." Thus, this section was clearly overlooked by the Division when it made its recommendation and is a major defect and deficiency in the Division's recommendations. In addition, the District, Authority and Eagle Park Reservoir Company have expressed concern over the fact that the Climax permit amendment could result in contamination to Eagle Park Reservoir from the enlarged Ten Mile tailings facilities which border the Eagle River watershed, contamination to Eagle Park Reservoir from the additional storage of process water in 44005 3