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CTATF OF COLOMDO <br /> DIVISION OF MINERALS AND GEOLOGY III 1111111111111 III <br /> Department of Natural Resources 999 P F r4 7, <br /> 1313 Sherman St., Room 215 <br /> Denver,Colorado 80203 <br /> Phone:(303)866-3567 <br /> FAX (303)832-8106 <br /> DEPARTMENT OF <br /> I/August 12, 1998 NATURAL <br /> RESOURCES <br /> Mr.Bryce Romig Roy Romer <br /> Climax Molybdenum Company 11 / Governor <br /> Climax Mine lames S Lochhead <br /> Climax,CO 80429 Executive Director <br /> f / Michael B.Long <br /> RE: Conditions for Approval of Revision SR-002,Permit No.M-77-493 Division Director <br /> Dear Mr.Romig: <br /> Your letter dated August 12, 1998 includes several position statements of the Climax Molybdenum Company on the Division's <br /> regulatory authority to impose controls on the release of stored water from the Eagle Park Reservoir. Two of these statements are <br /> reproduced below along with the response or counter-position of the Division of Minerals and Geology(DMG). <br /> Climax Position No. 1 <br /> "The WQCD has stated that it will not subject this discharge to anti-degradation requirements included in Regulation 31.8. <br /> Climax does not believe that DMG has the authority to implement these portions of the Act." <br /> DMG Counter Position <br /> It is the position of the Division of Minerals and Geology that the significance determination of the anti-degradation review <br /> process is a legitimate and important measure of the success of the contaminant source removal aspects of the Eagle Park <br /> Reservoir reclamation project. Representatives of the WQCD expressed concurrence with the DMG's position during the three- <br /> way meeting between Climax,WQCD,and DMG held on June 6, 1998. <br /> Climax Position No.2 <br /> "...Climax agrees to meet the following conditions even though Climax does not agree that DMG has the regulatory authority to <br /> require Climax to complete all of the activities below." <br /> DMG Counter Position <br /> It is the DMG's position that the regulatory authority to impose conditions 1 through 4 on the approval of revision SR-002 is <br /> provided by the Mined Land Reclamation Act and the Hard Rock/Metal Mining Rules and Regulations of the Mined Land <br /> Reclamation Board. <br /> Conditional approval of revision SR-002 will be provided under separate cover. If you have any questions,please contact me. <br /> Sincerely, <br /> Allen C.Sorenson <br /> Reclamation Specialist <br /> C\wmdows\personaRchmax doc <br />