2011-03-31_REVISION - M1977493 ‎(3)‎

• Permit No: M1977493
• IBM Index Class Name: REVISION
• Doc Date: 3/31/2011
• Doc Name: Pre-Hearing Statement
• From: MLRB
• To: DRMS
• Type & Sequence: AM6
• Email Name: ECS
• Media Type: D
• Archive: No

CLIMAX PRE-HEARING STATEMENT
AM-06 APPLICATION, PERMIT NO. M-1977-493
MARCH 31, 2011
testify about Climax's interactions with the Objectors with respect to Objectors'
comments on the AM-06 application.
C. Steve Maly, P.E. Mr. Maly is a Senior Project Engineer with W.W.
Wheeler & Associates, Inc. Mr. Maly was personally involved in the design,
development, and certification of several of the EPFs in place at Climax. His work has
included analysis and engineering on the Climax site since the late 1980's. He may
provide a detailed overview of the EPFs and other structures in place at Climax that
protect the Eagle Park and Clinton Gulch reservoirs. He also may testify about actions
planned for the 2011 construction season at Climax.
D. Daryl Longwell, P.E. Mr. Longwell is a Principal Civil Engineer at
Tetra Tech, Inc. He has been involved in engineering at the Climax site since 2006 and
has been personally involved in various permitting activities at Climax since that time,
including TRs submitted to the Division and 1041 permit applications submitted to Lake,
Summit and Eagle Counties. Mr. Longwell may testify about the scope of Division
approval requested in the AM-06 application and the contents of the application
generally. Mr. Longwell may also testify about interactions between Climax
representatives and the Division regarding the AM-06 application, environmental
protections in place at Climax, and future activities planned at the site.
E. Richard Waddell, Jr., R.G., PhD. Dr. Waddell is the Principal
Hydrologist at Tetra Tech Geo. He is expected to testify regarding the hydrogeologic
conditions and water quality at the Climax Mine, in the Eagle River Basin, and in the
Tenmile Creek Basin (regarding Clinton Gulch Reservoir).
III. STATEMENT OF FACTUAL AND LEGAL ISSUES
A. The AM-06 provides a comprehensive permit document but seeks
Division approval only of a re-alignment of affected lands to mirror
the facility's pre-1989 footprint.
Climax filed the AM-06 application on May 7, 2010, and amended the application
on August 10, 2010.4 Climax published notice of AM-06 (as amended by the August 10,
2010 filing) in newspapers of general circulation in the locality, pursuant to statute and
regulation. See C.R.S. § 34-32-110(6); Rule 1.6.2(1)(d) and Rule 1.10 of the Mineral
Rules and Regulations of the Colorado Mined Land Reclamation Board for Hard Rock,
Metal and Designated Mining Operations (the "Hard Rock/Metal Mining Rules" or the
"Rules"). This notice also specified the purpose of the application:
The purpose of this amendment is to increase the acreage of affected land
and provide updated information based on the current status of planning
4 See Ex. 1, AM-06 Application.
4