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CM0001431 <br />Mr. Jim Curnutte <br />TETRATECH August 14, 2008 <br />Page 2 is <br />The replacement of the reclaim pipeline from the Robinson Lake Pump Station is an <br />upgrade to an existing water system being proposed for the purpose of replacing old and <br />outdated equipment without expanding the capacity of the system. The replacement <br />pump station will have a design capacity of 10,000 gallons per minute (gpm), where the <br />existing system had a capacity of 15,000 gpm. While the location of the new pipeline will <br />not exactly coincide with the existing pipeline (which has been sealed and abandoned in <br />place) it is located in the same general area, and is within the wastewater collection area <br />of the Site's CDPS discharge permit and the permitted affected land boundary, as <br />authorized by the Mine Reclamation Permit issued by the Colorado Division of Mining, <br />Reclamation, and Safety (DRMS). Additionally, there are no identified wetlands, riparian <br />areas, floodplains, or sensitive areas along the alignment of the pipeline. The installation <br />of the replacement reclaim pipeline does not change the water management system at the <br />site. Since the construction of the original Robinson Lake Pump Station in 1936, water <br />stored in Robinson Lake has been pumped to the mill for use as process water in the <br />milling circuit. The project does not involve a change in land use, will have no impact or <br />effect on current of future land uses within or adjacent to the Climax Site, nor does it <br />impact or effect local government services within Summit County. <br />Based on the information provided in this letter, Climax is requesting your concurrence <br />with the determination that the installation of the section of buried reclaim pipeline through <br />Summit County is exempt from 1041 review. <br />Similar to the Tailing Distribution Line (TDL), the Robinson Lake Pump Station and <br />Pipeline were included in Technical Revision (TR) 14, submitted to the DRMS on May 7, <br />2008. The DRMS approved this Technical Revision on June 3, 2008. A copy of the <br />DRMS approval letter was provided with a letter from Climax regarding the TDL dated <br />June 16, 2008. <br />Consistent with our recent correspondence regarding the TDL, and because the <br />installation of the reclaim pipeline was approved under a. technical revision to the active <br />Climax Mine Reclamation Permit, which was in effect prior to January 26, 2004, this <br />project does not constitute a material modification of the mining or milling operation at <br />Climax. Therefore, Climax remains a legal, non-conforming mining activity under Section <br />3812 of the Summit County Development Code. As a grandfathered mining activity this <br />project is exempt from regulation under the Summit County Mining Zoning Regulations <br />and the related Mining/Milling Performance Standards (Section 3812.05) do not apply. <br />0