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
and engineering activities to ensure the permit documentation contains all
required and relevant information needed to attain continued exceptional
performance in reclamation of non-essential facilities and assure
compliance during ongoing maintenance pending construction and future
production operations.5
The Objectors each filed timely comment letters seeking party status.
Although the purpose of the application was to increase the acreage of affected
lands by restoring it to the pre-1989 boundary (with some minor differences), Climax
provided a comprehensive permit document in its AM-06 application. Climax was not
required to do so. See Rule 1.10(1), 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"). Climax's permit,
originally approved in 1977, has been amended five times, and Climax has sought 17 TRs
to the permit. The original application, the amendments, the approved technical
revisions, and other communications with, and approvals by, the Division and the Board,
all work together to constitute Climax's permit. Although such detail is not required by
the scope of the application, Climax chose to present the exhibits to the Division to
provide a comprehensive compendium of all current information in the suite of
documents that constitutes the M-1977-493 permit.
The Division completed its Rule 1.4.1 adequacy review and, on November 10,
2010 informed Climax that "[i]n general the application was substantially adequate;
however, as with most applications there are a few items which will require clarification
of the existing information."6 Regarding the mining plan, reclamation plan, and water
information exhibits, the Division had only a few limited questions.7 Regarding the EPP
exhibit, the Division acknowledged that "the comprehensive Water Quality Monitoring
Plan is currently being generated by the Operator and will be submitted under separate
cover for Division approval as specified in TR-08. This document shall be submitted and
approved by the Division before mining resumes at the site or within 365 days of
approval of AM-06."8 The Division also identified other questions with the EPP exhibit
in its adequacy review.
Before Climax responded in writing to the Division's adequacy review, Climax
representatives met with Division staff to discuss the Division's questions about the
5 Ex. 83, AM-06 proof of publication (emphasis added).
6 Ex. 6, 11/10/10 ltr from Division to Climax re: Preliminary Review of a 112d Metals Reclamation Permit
Amendment Application Package AM-06, Climax Mine, Permit No. M-1977-493, at 1, CM0000629.
7 See id. at 2-5, CM0000630-633.
'Id. at 8, CMC000636.
5