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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 />developed and sampling initiated prior to disturbance in the Clinton Gulch <br />watershed. Field reconnaissance of best management practices and <br />stormwater controls related to road construction activities will be <br />Climax Molybdenum Company <br />Climax Mine, M- 1977 -493 <br />Permit Amendment Application AM -06 <br />2 <br />