Laserfiche WebLink
Mr. Allen Sorenson — DMG <br />Page 3 <br />August 12, 1998 <br />Climax believes that the physical removal of the oxide tails from the Eagle Park Reservoir is <br />complete. This effort along with the construction of facilities to protect the reservoir from potential <br />releases of process water or designated chemicals has been so successful that the potential risk to <br />the Eagle River from Climax mining activities has been all but eliminated. Because of this, Climax <br />agrees to meet the following conditions even though Climax does not agree that DMG has the <br />regulatory authority to require Climax to complete all of the activities below. <br />Condition No. 1 <br />Climax Molybdenum Company ( "Climax ") will maintain water levels and operational controls on Eagle <br />Park Reservoir to prevent delivery of water to the Eagle River until such time as the Division of <br />Minerals and Geology ( "DMG ") has accepted and approved all data from the approved monitoring <br />plan up to and including water quality data from the sampling event conducted in the second quarter <br />of 1998. These data were provided in the June 8, 1998 meeting at the WQCD offices. DMG has <br />reviewed and accepted these data. Condition 1 has therefore been satisfied. <br />Condition No. 2 <br />The DMG will hold the option to rescind its conditional finding that post- mining land use of developed <br />water resources for Eagle Park Reservoir has been achieved if, upon review of the data and <br />consultation with the Water Quality Control Division ( "WQCD "), it is determined that the discharge <br />results in exceedences of the chronic water quality standards. The conditional finding will become <br />final based the acceptance of a report on data gathered over a three -year monitoring period. <br />The monitoring period will commence with the first release of water and occur during the first three <br />years of reservoir water delivery. <br />Data used to judge long -term performance will be obtained by sampling the reservoir water at the <br />outlet works during delivery. Climax will continue quarterly sampling through the fourth quarter of <br />1998 at the three established sampling points on the north, east, and south shores of the reservoir, <br />and at a surface and 35 foot depth sample point in the center of the reservoir. During the period of <br />reservoir water delivery to the East Fork of the Eagle River, a sample will be taken at the outlet works <br />on the first day, approximately at the midpoint, and near termination of water delivery. Concurrent <br />sampling in the East Fork of the Eagle River above and below the confluence of reservoir and river <br />waters during reservoir deliveries will be conducted in order to compare data in the final report. <br />Climax uses a depth bomb water sampling device made of Teflon to extract samples from .depth in <br />the reservoir. Collection and sampling methodologies are aligned with the Sampling and Analysis <br />Plan (SAP) submitted in the April 15, 1997 Eagle Park Reservoir data summary for the reservoir. <br />Upon completion of the three -year period, a report will be submitted to the DMG that summarizes the <br />data and compares the reservoir water quality with in- stream water quality and the applicable <br />standards. An anti - degradation type evaluation will be included in this report. If the data demonstrate <br />that degradation has occurred during the first three years of reservoir water delivery, DMG's <br />consideration of final approval of SR -002 will be continued while investigation is conducted into the <br />source of contaminants that caused degradation to occur. The plan for the investigation will be <br />developed by Climax and subject to DMG review and approval. If the investigation determines that <br />the contaminant source is related to the operations of the Climax Mine, the source will be mitigated in <br />accordance with a plan approved by the DMG prior to SR -002 final approval. If it is determined that <br />the source of the problem is naturally occurring or the result of non - Climax activity, then no further <br />action is required by Climax. <br />Contingency monitoring and response will be performed as follows: <br />