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CM0000618 <br />Porzak Browning & Bushong LLP <br />• Glenn E. Porzah A t t o r n e y s • a t • L a w Boulder Office: <br />Michael F. Browning Please direct all correspondence to the Boulder office 929 Pearl Street, Suite 300 <br />Steven I Bushong Boulder, CO 80302 <br />P. Fritz Holleman 303 443-6800 Tel. <br />Kristin Howse Moseley 303 443-6864 Fax. <br />Kevin 1. Kinnear <br />Vail Office: <br />Thomas W. Korver' 953 S. Frontage Road W. <br />Eli A. Feldman Suite 202 <br />Katherine A. D. Ryan Vail, CO 81657 <br />Kates L Henderson 970-476-5295 Tel. <br />•Also Admitted w Wyman,g 970-476-5309 Fax. <br />July 8, 2010 <br />Vlal mail: Peter.HaysAstate.co.us <br />Peter Hays REMIVED <br />Environmental Protection Specialist <br />Division of Reclamation, Mining and Safety JUL 0'8 2010 <br />1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 Division of Reclamation, <br />Mining and Safety <br />Via E-mail. Allen. Sorensonastate.co.us <br />Allen Sorenson <br />Division of Reclamation, Mining and Safety <br />• 1313 Sherman Street, Room 215 <br />Denver, Colorado 80203 <br />Re: Climax Mine Amendment to Permit M-1977-493. <br />Dear Mr. Hays and Mr. Sorenson: <br />We are writing on behalf of the Eagle Park Reservoir Company (the "Reservoir <br />Company") to express our concerns with the request to amend the permit for the Climax Mine. <br />The stated purposes of the proposed amendment are to adjust the affected land boundary to <br />encompass areas needed for planned future mine operations, as well as to update the mining plan <br />to accommodate the resumption of mineral extraction and production at the mine. The resumed <br />mining activities include significant expansion of the open pit mine, and correspondingly large <br />expansions of overburden storage facilities and tailings ponds. We are writing to request that <br />you carefully consider the possible impacts of the proposed amendment to the mining permit on <br />the water supply and water quality in Eagle Park Reservoir, which, as explained in more detail <br />below, is a critical water supply for communities throughout the Eagle River Basin. As the <br />owner and operator of Eagle Park Reservoir, the Reservoir Company could be directly, adversely <br />impacted by the proposed amendment, and requests party status for all further proceedings on the <br />requested permit amendment. <br />• <br />Exhibit 2