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C...TATT Or COLOMDO <br /> DIVISION OF MINERALS AND GEOLOGY 1111111111111111111 qW <br /> Department of Natural Resources 999 PW 7k <br /> 1 31 3 Sherman St, Room 215 <br /> Denver,Colorado 80203 <br /> Phone (303)866-3567 ® Date #ofI. <br /> FAX (30.3)8 3 2-8106 Post-it Fax Note 7671 Cf,6. pages <br /> To <br /> -� From /rc_ '� DEPARTMENT OF <br /> �,� d ut' �i, <br /> April 6, 1998 Co./Dept ° / ✓`< Co NATURAL <br /> V I <br /> Phone# Phone# PE OmCES <br /> Mr. Bryce Romig Fax# 7� Fax# Roy Romer <br /> Governor <br /> Climax Molybdenum Company James 5 Lochhead <br /> Climax Mine Executive Director <br /> Climax, CO 80429 Michael B.Long <br /> Diwsion Director <br /> RE: Eagle Park Reservoir, Request for Finding that the Post-Mining Land Use of Developed <br /> Water Resources has been Achieved, Climax Mine,Permit No. M-77-493,Revision SR- <br /> 002 <br /> Dear Mr. Romig: <br /> The Division has reviewed Climax Molybdenum Company's (CMC)response package dated March <br /> 10, 1998 relating to the above referenced matter. Certain items remain to be addressed before the <br /> Division can issue a conditional finding that the reclamation of the Eagle Park Reservoir has resulted in <br /> the achievement of the approved post-mining land use of developed water resources. The numbering <br /> of the following list corresponds to the item numbers from the Division's January 9, 1998 letter and <br /> CMC's March 10, 1998 response. <br /> 1. The reservoir slope monitoring and reporting plan included as an attachment to CMC's March <br /> 10, 1998 letter is acceptable to the Division. <br /> 2. CMC feels that written acceptance of the 4-Dam Seep Return System is required for final <br /> confirmation of the suitability of established Environmental Protection Facilities to protect Eagle Park <br /> Reservoir. The Division has accepted the certifications related to installation of the 4-Dam Seep <br /> Return System in a letter dated December 23, 1997, a copy of which is attached. <br /> 3. Reservoir Water Quality <br /> CMC has raised the issue of the Division's legal authority relating to the reservoir water quality as <br /> discussed in the Division's letter dated January 9, 1998 and CMC's response dated March 10, 1998. <br /> Specifically, CMC states that the Division of Minerals and Geology does not have the authority to <br /> issue discharge permits or to determine when they are needed, and further states that the Division of <br /> Minerals and Geology cannot require compliance with the Water Quality Control Commission's permit <br /> regulations. The Division concurs with these statements, and maintains that the specific issues raised <br /> in item 3 of the Division's January 9, 1998 letter do not constitute the imposition of a discharge permit <br /> for the Eagle Park Reservoir. Rather, it is the Division's goal to assure that complete pollutant source <br /> removal has been accomplished in Eagle Park Reservoir such that the approved post-mining land use <br />