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CLIMAX PRE-HEARING STATEMENT <br />AM-06 APPLICATION, PERMIT NO. M-1977-493 <br />MARCH 31, 2011 <br />permit upon application for an amendment to that permit. Not only are Objectors' <br />demands inconsistent with Board procedure and customary practice, but also they would <br />unnecessarily complicate Board decisions and would deprive current mining permittees <br />of flexibility in making operational and business decisions. This type of restraint is <br />contrary to the purpose of the Mined Land Reclamation Act, C.R.S. § 34-32-101, et seq., <br />which is to "foster and encourage the development of an economically sound and stable <br />mining and minerals industry and to encourage orderly development of the state's natural <br />resources." C.R.S. § 34-32-102(1). <br />Climax's reclamation permit is already in place. It has been in place, and <br />incrementally amended and revised, since 1977. The AM-06 application does not seek a <br />new permit for mining and milling operations at Climax; rather, it seeks a change to <br />affected lands in order to begin activities aimed towards re-start of those operations. <br />Climax has agreed to obtain Division approval of further TRs for a revised EPP and a <br />revised WQMP prior to resuming full commercial operations. Asking that the Board <br />wait to rule on AM-06 until all future amendment and/orTR requests are formulated <br />would unnecessarily stall the re-start of the mine and cause curtailment of expenditures <br />and adverse economic effects in the region. <br />IV. CONCLUSION <br />By AM-06, Climax seeks an increase in affected lands to realign its affected lands <br />boundary to essentially re-trace the mine's historic pre-1989 footprint. Climax and the <br />Division have agreed that Division consideration of Climax's EPP and WQMP will be <br />performed via a separate technical revision application process. This technical revision <br />process is the appropriate forum for Objectors to raise their concerns regarding water <br />quality and water quantity, not this AM-06 amendment process. For these reasons and <br />those discussed above, Climax requests that the Board approve the AM-06 permit <br />application, according to the recommendation of the Division, with the stipulations <br />proposed by the Division. <br />[THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK] <br />15