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5. The Board considered approval of AM-06 on April 13, 2011. The <br />Board continued consideration of AM-06 to the May 11, 2011 meeting in order to <br />allow the Operator and Objectors to negotiate a resolution to the objections. <br />6. The Operator, the Division, and the Objectors agreed to stipulations <br />for approval of AM-06. The parties presented the stipulations at the May 11, 2011 <br />Board meeting. <br />CONCLUSIONS OF LAW <br />7. The Board has jurisdiction over this matter pursuant to sections 34-32- <br />104 through 107 of the Colorado Mined Land Reclamation Act, Article 32 of Title <br />34, C.R.S. (2010). <br />ORDER <br />Based on the foregoing findings of fact and conclusions of law, the Board <br />hereby approves AM-06 subject to the following stipulations: <br />Climax shall submit for Division of Reclamation, Mining and Safety <br />("Division" or "DRMS") review a revised Water Quality Monitoring Plan (the <br />"Water Monitoring Plan") and Environmental Protection Plan ("EPP") to <br />Climax's M-1977-493 Permit, in a separate process from this AM-06 <br />application proceeding. The Division will determine, based on the content of <br />the plans, whether the submittals are an amendment or a technical revision <br />to Climax's M-1977-493 Permit. Such determination is subject to Mined <br />Land Reclamation Board ("MLRB") review upon objection. <br />Climax intends to test and commission the operation of its facilities beginning <br />in the summer or fall of 2011. During this testing and commissioning period, <br />the water level in Robinson Lake will not exceed an elevation of 10,876 feet <br />and the elevation of the 3 Dam Crest Berm will not be raised. <br />Climax will not raise the water level in Robinson Lake above 10,876 feet or <br />raise the 3 Dam Crest Berm from its current height until: (1) water quality <br />sampling has begun at monitoring sites located between the north abutment <br />of 1 Dam and Eagle Park Reservoir, as those monitoring sites are identified <br />in the Water Monitoring Plan and (2) the Water Monitoring Plan and EPP <br />have been approved by the Division, or have been approved by the MLRB if <br />there are any objections to the Water Monitoring Plan or EPP. <br />In order to evaluate any impacts to water quality in Clinton Reservoir <br />associated with road construction and pit development activities near the <br />summit of Bartlett Mountain, a water quality monitoring program will be <br />Climax Molybdenum Company <br />Climax Mine, M-1977-493 <br />Permit Amendment Application AM-06 <br />2