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<br />CM0001654 <br />• <br />STATE OF COLORADO <br />)FRa of THE STATE e4GME't <br />)WW= of Water Rescumes <br />)epartmerrt of Naaual Resources <br />313 Shma a S&M Rase 818 <br />'hone (303) *64S81 <br />'AX (303) 866-3589 <br />W. Steven M Maly <br />W.W. Wheeler and Associates, Inc. <br />3700 South Inca Street <br />Englewood, CO 80110 <br />January 8, 1997 <br /> <br />a" <br />commm <br />WM S loddwd <br />6acow Dk"= <br />Mw Q smpan <br />Stir Esker <br />When replying, please refer to: <br />CLIlVIAX MOLY NO. 4 DAM <br />(AKA EAGLE PARK DAM) <br />Construction File Number: C-1106C <br />Water Division 5, DAM LW: 370103 <br />SUBJECT: Amendment to Conditional winter Shut Down of the Construction Project <br />Dear W. Maly: <br />This letter is in response to your recent telephone conversations with Marls Haynes of our office <br />concerning our letter dated December 9, 1996, which pertains to the contingencies of the approval of <br />the winter shut down plan for the constiuaron of the seepwater pipeline installation project at the <br />Climax Moly No. 4 Dam. Itris oWr understanding that the owner of the dam wishes to initiate the <br />-process of filling the reservoir this coming spring prior to bacldtiling the relatively small breach in the <br />dam embankment at the left abutment. This is not allowed in accordance with the provisions of the <br />fourth contingency as presented in our aforementioned letter. It is also our understanding that the dam <br />owner is willing to leave the slide gate of the recently installed outlet works at Elevation 10,684.5 in the <br />fiilly open position in order to allow them to initiate the filling of the lower portion of the reservoir this <br />spring and to assure the safety of the dam until the breach in the dam has been properly backfilled. <br />Based on the above information and a review of the files, the requirements of the fourth <br />contingency of our letter dated December 9, 1996 is hereby rescinded and the owner will be allowed to <br />initiate the filling of the lower portion of the reservoir. This amendment to the winter shut down plan is <br />made provided that the slide gate of the new outlet works is placed in the fully open position and the <br />normal reservoir water surface level is maintained at or below Elevation 10,684.5 until the breach in the <br />dam embankment is property backfilled. This amendment to allow storage of water is also contingent <br />on the completion of the requirements of our approval of the construction of the new outlet works as <br />presented in our letter dated October 22, 1996. The remaining requirements include the submittal and