1996-02-06_REVISION - M1977493 ‎(11)‎

• Permit No: M1977493
• IBM Index Class Name: REVISION
• Doc Date: 2/6/1996
• Doc Name: EPP
• From: Cyprus Climax
• To: DMG
• Type & Sequence: TR7
• Media Type: D
• Archive: No

1
e CYPRUS CLIMAX I /
Metals Company
February 1, 1996
Certified Mail No. P 720 678 759
Mr. Allen Sorenson
Division of Minerals and Geology
Department of Natural Resources
1313 Sherman Street Room 215
Denver CO 80203
Dear Mr. Sorenson:
111 IIIIIIIIIHII 111
Ob 1996
IVIS1011 01 6 rai;OlO Y
Cyprus Climax Metals Company
Climax Mine
Highway 91
Climax, Colorado 80429
(719) 486 -2150
Fax: [phone]
RE: Environmental Protection Plan Climax Mine and Mill, Technical Revision TR -07 Permit
No. M- 77 -493.f
We have taken the opportunity to review your November 29, 1995 letter requesting clarification
and additional information regarding the Environmental Protection Plan, TR -07, submitted on
August 11, 1995. Following are Climax Molybdenum Company's comments to the letter, point
by point. Please note that we have only responded to issues related directly to the requirements
of the EPP. We believe that several Division concerns raised in your letter are non -EPP items.
Responding to these concerns within the context of the EPP review would delay review and
approval of the Climax EPP. We would like to work with the Division to develop a schedule to
address these issues outside the context of the EPP.
1. Climax Molybdenum Company (CMC) disagrees that Rule 8.3 requires that changes to the
Emergency Response Plan involving responsible personnel and their phone numbers, or
involving the list and location map of materials, supplies and equipment for containing,
controlling and cleaning up of designated chemicals must be provided to the Division prior to
implementation of any such changes. Rule 8.3 requires "timely updates" of the Emergency
Response Plan to the Division. We believe that the submittal of an annual update with changes,
if any have occurred, fulfills this requirement and is more consistent with the requirements of
the existing plans (SWMP, MCP, SPCC) that have been submitted to meet the requirements of
the Emergency Response Plan which require annual review and updates. We believe that the
current update process is adequate.
2. CMC does not believe that the Division has the authority to request map(s) or other
representation of the existing underground workings. Rule 1.1(4) of the Mineral Rules and
Regulations and Section 34 -32 -103 (1.5) of the Colorado Mine Land Reclamation Act both limit
the definition of 'affected land' to include only the "surface area within the state where a mining
operation is being or will be conducted" (emphasis added). CMV contends that the underground
workings are outside the Division's authority.
3. The Stormwater Management Plan has been sent under a separate cover with a response to