2011-03-31_REVISION - M1977493 (3)

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CLIMAX PRE-HEARING STATEMENT AM-06 APPLICATION, PERMIT No. M-1977-493 MARCH 31, 2011 System. Relevant exhibits regarding the 4 Dam Seepage Collection and Pump Station include: • Exhibit 84, 11/1/961tr from Division to Climax Re: Eagle Park Reservoir, Climax Mine, Permit No. M-77-493; • Exhibit 93, 10/14/96 ltr from Division to Climax Re: 4 Dam Seep Return System Modifications, Climax Mine, Permit No. M-77-493; • Exhibit 94, 11/24/97 ltr from Climax to Division Re: Certification for 4 Dam Seep Return Line Pressure Switch Installation; and • Exhibit 95, 12/23/971tr from Division to Climax Re: Certification of No. 4 Dam Seep Return Line, Climax Mine, Permit No. M-1877-493. It should be noted that in the 1995 EPP submittal, Eagle Park Reservoir was itself also identified as an EPF that would act to block and contain any accidental release upstream. Of course, this was before Climax sold the reservoir. Once the reservoir was sold and reclaimed, Climax was released from reclamation responsibility for the reservoir. 27 The Eagle Park Reservoir is no longer an EPF. Finally, there is also extensive evidence in the record demonstrating good water quality in the Eagle Park Reservoir itself, and in the Eagle River Valley. Pertinent exhibits include: • Ex. 66, 11/11/97 Eagle Park Reservoir Water Quality Report; • Ex. 69, 4/15/97 transmittal letter from B. Romig to A. Sorenson including 6/96 Titan Environmental Sampling and Analysis Plan Eagle Park Reservoir; • Ex. 72, Hazen Research Analysis Reports 1993-1996; • Ex. 75, 8/26/98 Letter from A. Sorenson Division of Minerals and Geology to B. Romig of Climax re: Conditional Revision Approval Climax Mine, Permit No. M-77-493, Revision SR-002; • Ex. 76, 8/26/98 Letter from Water Quality Control Division to Division of Minerals and Geology and Climax re: conditions for approval for the release of stored water from Eagle Park Reservoir; 27 Ex. 67 at CM0001597-1598. 12