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<br />Climax for AM-06 clearly indicates in the "Description of Amendment" that the <br />amendment includes an "updated/amended" reclamation plan. See Operators' <br />Hearing Exhibit 1 at CM000009. Neither Climax nor the Board has conferred with <br />the boards of county commissioners for either Eagle or Summit Counties, and has not <br />conferred with the board of the Colorado River Water Conservation District, a <br />shareholder of the Eagle Park Reservoir Company. Consequently, approval of AM- <br />06 is premature. <br />(2) The environmental protection plan provided in AM-06 does not meet the <br />requirements of Rule 6.4.21 for a variety of reasons including, but not limited to, the <br />failure to demonstrate that containment facilities are adequate to prevent a release <br />during design storm events, lack of a water quality monitoring plan, and others to be <br />discussed at the hearing. <br />(3) The terms of AM-06 are insufficient to comply with Rule 3.1.7, which provides <br />specific requirements for groundwater protection. <br />(4) C.R.S. § 34-32-115(4)(x) requires that the application be complete. AM-06 is <br />incomplete for a variety of reasons including, but not limited to, the lack of a <br />statement that the application forms contain "a statement that the Applicant has <br />applied for all necessary approvals from local government" as required by Hard <br />Rock/Metal Mining Rule 1.4.1(5)(d). That statement is clearly missing as Climax has <br />not submitted applications for all such approvals. <br />Conclusions <br />The comments and objections set forth above, were initially drafted in light of the <br />Division's proposed final stipulations attached as Exhibit 1. The Objectors have recently been <br />informed that those will not be recommended to the Board and instead a more rudimentary set of <br />stipulations will be recommended. These bare bones stipulations are attached as Exhibit 2 and <br />are even more inadequate for the same reasons stated above. <br />Based on the foregoing comments and objections, Objectors recommend the denial of the <br />Climax permit amendment until the water monitoring plan and the revised environmental <br />protection plan are submitted and approved, and the amendment deletes any plans that permit (i) <br />the use of Eagle Park Reservoir as to prevent the contamination of the Eagle River; (ii) the use of <br />Eagle Park Reservoir as any part of the Climax water management system; (iii) any blasting <br />activities that could affect water quality in Clinton Reservoir; and (iv) the expansion of the <br />McNulty Gulch OSF. <br />In the alternative, if the permit amendment is approved prior to the submission of the <br />water monitoring plan and revised environmental protection plan, the above four items should <br />still be deleted, and the both versions of the Division stipulations concerning the water <br />monitoring plan and revised environmental protection plan should be replaced by the stipulations <br />attached as Exhibit 3. The attached stipulations provide clarity regarding ongoing activities at <br />the site, provide clarity concerning the Objectors' ability to participate in the technical revision <br />review process, and explicitly recognize the importance of the Eagle Park and Clinton <br />Reservoirs. <br />4005 <br />6