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AM-06 Stipulations <br />5-10-11 <br />Stipulations for AM-06 <br />Climax shall submit for Division of Reclamation, Mining and Safety ("Division" or <br />"DRMS") review a revised Water Quality Monitoring Plan (the "Water Monitoring <br />Plan") and Environmental Protection Plan ("EPP") to Climax's M-1977-493 Permit, in a <br />separate process from this AM-06 application proceeding. The Division will determine, <br />based on the content of the plans, whether the submittals are an amendment or a technical <br />revision to Climax's M-1977-493 Permit. Such determination is subject to Mined Land <br />Reclamation Board ("MLRB") review upon objection. <br />Climax intends to test and commission the operation of its facilities beginning in the <br />summer or fall of 2011. During this testing and commissioning period, the water level in <br />Robinson Lake will not exceed an elevation of 10,876 feet and the elevation of the 3 Dam <br />Crest Berm will not be raised. <br />Climax will not raise the water level in Robinson Lake above 10,876 feet or raise the 3 <br />Dam Crest Berm from its current height until: (1) water quality sampling has begun at <br />monitoring sites located between the north abutment of 1 Dam and Eagle Park Reservoir, <br />as those monitoring sites are identified in the Water Monitoring Plan and (2) the Water <br />Monitoring Plan and EPP have been approved by the Division, or have been approved by <br />the MLRB if there are any objections to the Water Monitoring Plan or EPP. <br />In order to evaluate any impacts to water quality in Clinton Reservoir associated with <br />road construction and pit development activities near the summit of Bartlett Mountain, a <br />water quality monitoring program will be developed and sampling initiated prior to <br />disturbance in the Clinton Gulch watershed. Field reconnaissance of best management <br />practices and stormwater controls related to road construction activities will be evaluated <br />and implemented in advance of road construction disturbances on Bartlett Mountain. <br />Climax will provide copies of the EPP and Water Monitoring Plan to the Eagle Park <br />Reservoir Company, Eagle River Water and Sanitation District, Upper Eagle Regional <br />Water Authority, and Clinton Ditch and Reservoir Company at least two weeks prior to <br />its submittal of these Plans to the Division. Climax will notify these parties of any <br />comments from the Division on the Plan submittal(s) and will provide copies of any <br />responses to the Division to the parties concurrently with its submittal of these responses <br />to the Division. <br />1. Content of Water Quality Monitoring Plan <br />Regarding content of the revised Water Monitoring Plan to be submitted for review and <br />approval, Climax agrees that the Water Monitoring Plan will address the following at a <br />minimum: <br />(a) Climax will investigate the geology and groundwater conditions in the <br />area between the north abutment of 1 Dam and Eagle Park Reservoir. This information <br />will be used to evaluate the need for and potential locations of a groundwater monitoring <br />well or wells in the area between the north abutment of 1 Dam and the Eagle Park <br />1401550.2 <br />5110111