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Mr.-Steven M Maly <br />January 8, 1997 <br />CMC001655 <br />Page 2 <br />approval of an icy preparedness plan (EPP) and the won Of a ttbshtack at the new outlet <br />works m accordance with the approved plans. The UP has been received by our officx and is =eatly <br />under review. Our review comments for the EPP will be seat out in the near fixture, All of the other <br />cotttingeacies of the approval of the winter shat down plan as outlined in our December-9, 1996 later. <br />are also still .in effect. This action will allow for the storage of water is the.reservoir within= the Ifinits <br />specified above, whenever water is legally and physically available. The initial. filing and monitoring of <br />the reservoir and dam should be performed in accordance with your proposed plan as presented in the <br />completion documents for the construction of the new outlet works and for water storage up to <br />Elevation 10684.5. <br />You are reminded that the Climax Molybdemun Company, as the owner of this &dlity, is liable <br />for the safety of this structure and for any loss of life and/or damages caused by a failure of the dale or <br />appurtenant structures. This action to allow for the storage of water in the facility does not relieve the <br />owner from this liability or from any other statutory obligations. Therefore, it is in the owner's best <br />interest to operate and maintain the facility in a manner such that the safety of the dam and the general <br />public are not jeopardized. <br />If you have any questions concerning this matter, please feel free to contact Mark Haynes in our <br />Denver office at (303) 866-3581 F= 276. Please, also, keep Mr. Haynes informed of the construction <br />progress and reservoir operation until the completion of this project. <br />Sincerely, <br />?ack G. Byers, P.E. <br />Assistant State Engineer <br />xc: Orlyn Bell, Division Engineer <br />John Blair, Dam Safety Field Engineer <br />William McEwen, Water Commissioner <br />John Clapper, Climax Molybdenum Company, Owner Representative <br />MVkJ70103-3.D0C <br /> <br />• <br /> <br />E <br />0