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Petition for Partial Rele, FFinancial Warranty <br /> Climax Molybdenum Company <br /> Permit #M-77 493 September 1, 1999 <br /> removed, excavation areas were graded to slopes as stipulated in the amended (1989) permit. <br /> Concurrently, the west side of the dump adjacent to State Highway 91 was contoured and graded <br /> to slopes of 2.5:1 to 3:1. Approximately 57 acres on the west side and top were graded during <br /> this period. Grading work was completed in November 1994. DMG inspections of the grading <br /> and topsoil applications on E-dump beginning in 1994 (9/15/94) found the work to be in <br /> compliance with amended permit conditions. <br /> Topsoil or growth media material that was removed during reclamation and creation of the Eagle <br /> Park Reservoir was transported to E-dump for use in revegetation of portions of the west side <br /> and top of the dump as required in the amended (1989) permit. While some growth media had <br /> been applied during the Fall of 1994 from opportunistic growth media salvaged during capping <br /> of the Robinson tailings impoundment, the majority was applied in the Fall of 1996 when the <br /> Eagle Park Project was in full operation. Approximately 45,360 cu. yds. of growth media was <br /> hauled and applied on E-dump during this period, significantly more than the 9,805 cu. yds. <br /> required and accounted for in the present financial warranty (Section 3.4, page 35). Growth <br /> media was applied at a depth of 4" to 6" to about 57 acres on E-dump, 42 acres more than <br /> required in the amended (1989) permit (AM-002). Of note is the fact that the growth media used <br /> on E-dump was directly transferred from other ongoing site projects and did not account for any <br /> reduction in the existing topsoil stockpiles at Climax. <br /> Figure 1 shows those areas on E-dump for which this petition for release from warranty is <br /> applicable. Figure 8 shows photographs of the West side prior to, during, and following <br /> reclamation work. Figures 9 and 10 show the graded portions of E-dump in July 1999. Section <br /> 4.4 (page 62) of the financial warranty document classifies the various portions as West side <br /> grading, East side grading, Northeast side grading, and topsoil hauling and spreading. The <br /> current financial warranty for grading of the West side and topsoil work on E-dump is $421,289 <br /> (Section 4.4, page 62). Since these tasks are completed, Climax seeks a reduction in warranty <br /> for these elements of: $421,289. Reclamation of the remaining two sides of the dump has not <br /> been completed. Therefore, the warranty for those areas remains unchanged. <br /> 3.3 No. 3 Dam <br /> No. 3 Dam and the Ten Mile tailings impoundment behind it were constructed in the 1960s when <br /> it became evident that additional ore reserves, beyond the capacity of the Robinson tailings <br /> impoundment, would be placed into production. Presently, the Ten Mile impoundment is <br /> maintained as the active tailings deposition area for Climax for those future periods of <br /> production. The impoundment is 544 acres, and No. 3 Dam is 100 acres. <br /> For many years, No. 3 Dam and the dry beach areas on the impoundment were a significant <br /> source of wind-blown tailings dust, a situation recognized by DMG and the Colorado Air Quality <br /> Control Division. Climax applied large amounts of Coherex, a dust suppressant, at considerable <br /> expense annually to minimize tailings dust and to maintain compliance with its permit. In the <br /> early 1990s, Climax determined that capping No. 3 Dam with coarse rock and soil material <br /> 100419/Climax/Report.doc 6 <br />