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Mr. Steven M. Maly <br /> / January 8, 1997 <br /> Page 2 <br /> approval of an emergency preparedness plan and the on of a trashrack at the new outlet <br /> works in accordance with the approved plans. a EPP has been received ved by our office and is currently <br /> under review. Our review comments for the EPP will be sent out in the near future. All of the other <br /> contingencies of the approval of the winter shut down plan as outlined in our December•9, 1996 letter• <br /> are also still in effect. This action will allow for the storage of water in the reservoir within the limits <br /> specified above, whenever water is legally and physically available. The initial filling and monitoring of <br /> the reservoir and dam should be performed in accordance with your proposed plan as presented in the <br /> completion documents for the construction of the new outlet works and for water storage up to <br /> Elevation 10684.5. <br /> You are reminded that the Climax Molybdenum Company, as the owner of this facility, is liable <br /> for the safety of this structure and for any loss of life and/or damages caused by a failure of the dam or <br /> appurtenant structures. This action to allow for the storage of water in the facility does not relieve the <br /> owner from this liability or from any other statutory obligations. Therefore, it is in the owner's best <br /> interest to operate and maintain the facility in a manner such that the safety of the dam and the general <br /> public are not jeopardized. <br /> If you have any questions concerning this matter, please feel free to contact Mark Haynes in our <br /> Denver office at (303) 866-3581 Ext 276. Please, also, keep Mr. Haynes informed of the construction <br /> progress and reservoir operation until the completion of this project. <br /> Sincerely, <br /> Xack G. Byers, P.E. <br /> Assistant State Engineer <br /> xc: Orlyn Bell, Division Engineer <br /> John Blair, Dam Safety Field Engineer <br /> William McEwen, Water Commissioner <br /> John Clapper, Climax Molybdenum Company, Owner Representative <br /> JGHNMMh:370103-3.D0C <br /> • <br />