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Letter to Bryce Romig 4 Al2ri16 1998 <br /> baseline. It is the Division's view that baseline is unimportant for the reservoir release period <br /> samples because the water quality of these samples must meet standards regardless of previous <br /> sampling data. <br /> ► CMC states that the north shore sampling point is adequate because it is near the outlet works. <br /> It is the Division's position that samples taken periodically at the delivery point would provide <br /> superior information because these samples would represent water actually being delivered to <br /> the stream. Also,the water in the reservoir is unlikely to be uniformly mixed and samples <br /> taken from an established point in the reservoir can be assumed to represent only the spot <br /> within the water body from which they come; whereas periodic samples at the delivery point <br /> will represent a spectrum of reservoir water quality. <br /> ► CMC is concerned with the accessibility to the outlet works outfall during inclement fall <br /> weather. Based on the Division's observations the outfall of the outlet works are not <br /> particularly inaccessible. CMC should provide, during the upcoming construction season, <br /> whatever enhancement to the accessibility to this sampling point that may be deemed necessary <br /> to allow safe sampling during the water delivery period. <br /> Summary and Conditions for Approval <br /> If CMC agrees to implement the Division's suggested sampling plan, a conditional finding will be <br /> issued that the approved post-mining land use of developed water resources has been achieved for <br /> Eagle Park Reservoir. Once this conditional finding is issued, via a conditional approval of Climax <br /> Mine reclamation permit revision SR-002, CMC would be free to release water from the reservoir in <br /> the lawful exercise of water rights so long as the release of water from the reservoir is not contrary to <br /> the laws or regulations of this state or the United States. The Division's proposed conditions to <br /> approval of revision SR-002 are as follows: <br /> CONDITION NO. 1 <br /> Climax Molybdenum Company will maintain water levels and operational controls on Eagle Park <br /> Reservoir to prevent delivery of water to the Eagle River basin until such time that the Division of <br /> Minerals and Geology has accepted and approved all data from the approved monitoring plan up to and <br /> including water quality data from the sampling event to be conducted in the second quarter of 1998. <br /> CONDITION NO. 2 <br /> The Division of Minerals and Geology holds the option to rescind its conditional finding that the post- <br /> mining land use of developed water resources for Eagle Park Reservoir has been achieved if the data <br /> from the water quality monitoring program demonstrate that reservoir releases would result in water <br /> quality standards, including antidegradation standards, in the Eagle River to be exceeded. If the <br /> Division of Minerals and Geology rescinds its conditional finding, Climax Molybdenum Company <br /> must restore, as quickly as practicable, operational controls on Eagle Park Reservoir to prevent <br />