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Interceptor Ditch System <br />Section 6.4.21 (10) of the Hard Rock Rule states that EPFs intended to "convey, transport, or divert surface water <br />around or away from acid mine drainage or toxic or acid - forming material; or capture and/or retain surface water <br />run -off from areas protected by the Designated Mining Operation prior to its release from the mine site into the <br />natural drainage system" need to be designed and certified by a licensed professional engineer. In previous <br />discussions with Climax, due to the pre -law construction and extent of this interceptor system, DRMS had agreed <br />that only new or modified sections of the interceptor system would be required to be designed and certified by an <br />engineer. Upon further review, DRMS has determined that the rule does not allow this distinction. However, <br />DRMS does acknowledge the magnitude of this requirement for the facility, and that the existing system is <br />functioning as intended at this time; therefore, DRMS will not make certification of the existing interceptor <br />system a pre- requisite for the restart of operations. Please provide a plan and proposed schedule for the <br />certification of the design and construction of the interceptor system to pass the 10yr /24hr precipitation event for <br />the site. <br />This concludes the Division's adequacy review of TR18. This letter shall not be construed to mean that there are no <br />other technical issues in the submittal. Other issues may arise as additional information is supplied. As stated <br />previously, DRMS is committed to working with Climax to implement a comprehensive EPP for this site that will <br />allow mining to continue while implementing all reasonable environmental protections in compliance with DRMS <br />rule. DRMS is open to meeting with Climax if it would be useful to help resolve any of the issues listed above. <br />If you have any questions, please contact me at (303) 866 -3567 x8140. <br />Sincerely, <br />Eric Scott <br />Environmental Protection Specialist <br />Page 5 of 5 <br />