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 contractual provisions that address water quality and quantity, including remedies available to them, under their respective Purchase and Sale Agreements with Climax. Climax is committed to working with the Division, and Climax and the Division agreed that Climax will submit TRs for approval -of an updated EPP and WQMP completed before Climax resumes full-scale mining and milling operations. The TR process for these plans provides Objectors with an opportunity to review and respond to the plans. There is a process in place to address those comments, but that process is not as part of this amendment. Furthermore, the Eagle Park Reservoir and the Clinton Gulch Reservoir are protected through the EPFs currently approved and in place as well as by the provisions in place in Climax's permit, and by the stipulation recommended by the Divison. The Board is requested to approve the Division's recommendation for approval of AM-06 with the stipulations regarding Division review and approval of the forthcoming revised EPP and WQMP. II. SUMMARY OF WITNESS TESTIMONY Climax filed its witness list at the March 14, 2011 Pre-Hearing Conference and reserves the right to call any or all of the listed witnesses either in its direct presentation or in rebuttal at the hearing. Climax also hereby notifies the parties that it may call Dr. Gary Van Riper as a witness at the hearing. Dr. Van Riper is the principal at Van Riper Consulting, 17112 Colorado Highway 8, Morrison, CO 80465, Tel: 303-697-4487. Mr Van Riper may testify regarding the water quality in the Climax process water system. At present, Climax anticipates calling the following witnesses in its presentation. A brief summary of their expectedtestimony follows. This summary is meant to give the Board an overview of anticipated testimony and does not necessarily encompass every topic the witness may discuss at the hearing, either on direct examination or in rebuttal. A. Bryce Romig. Mr. Romig is currently the environmental manager at Climax's Hendreson Mine and Mill, and was the environmental manager at the Climax mine from 1994 to 2010. Mr. Romig may provide an overview of the historic reclamation and other activities at the Climax mine, including the administration of the Clinton Gulch Reservoir after its sale, the reclamation and sale of Eagle Park Reservoir, and the development and certification of the current environmental protection facilities in place at Climax. Mr. Romig may also testify regarding the scope of Division approval requested in the AM-06 application. B. Raymond Lazuk. Mr. Lazuk began work as the environmental manager at the Climax mine in November 2010. He may testify about the planned activities at Climax during the summer 2011 construction season and beyond, and the effect of AM-06 approval on those activities. Mr. Lazuk may also testify about the interactions between Climax and the Division regarding AM-06. Mr. Lazuk may also 3