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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />REGARDING PERMIT AMENDMENT APPLICATION AM -06 OF CLIMAX <br />MOLYBDENUM COMPANY, PERMIT NUMBER M- 1977 -493 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") <br />on May 11, 2011 in Denver, Colorado to consider the approval over objections of an <br />amendment application submitted by Climax Molybdenum Company ( "Operator ") <br />for the Climax Mine, file number M- 1977 -493. Jim Sanderson, Esq. appeared on <br />behalf of the Operator; Assistant Attorney General Jeff Fugate appeared on behalf <br />of the Division of Reclamation, Mining and Safety ( "Division "); and Glen Porzak, <br />Esq. appeared on behalf of objectors Eagle Park Reservoir Company, Eagle River <br />Water and Sanitation District, Upper Eagle River Regional Water Authority, and <br />Clinton Ditch and Reservoir Company (collectively, "Objectors "). <br />The Board, having considered the presentations of the parties and having <br />been otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator holds a Section 112d(3) permit for a molybdenum <br />mining operation. The site is located in Section 12, Township 8 South, Range 79 <br />West, 6th Principal Meridian in Summit, Eagle, Lake, and Park Counties, <br />Colorado, permit number M -1977 -493. The site, known as the Climax Mine, is <br />located at the top of Freemont Pass on Colorado Highway 91. The current size of <br />the permit area is 4,638 acres. <br />2. On or about May 7, 2010, the Division received an application to <br />amend Permit Number M- 1977 -493 ( "AM -06 "). The Operator modified AM -06 on <br />August 10, 2010. AM -06 seeks to expand the permit area to 7,908 acres. The <br />Division found AM -06 complete and filed with the Division on August 24, 2010. <br />3. On July 8, 2010 and October 13, 2010, the Division received objections <br />during the public comment period from the Objectors. <br />4. On March 7, 2011, the Division issued its recommendation to approve <br />AM -06 (as amended) over objections. <br />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 />