2016-06-27_GENERAL DOCUMENTS - M1977493

Home Browse Search

As described in the submittal,prior to disposing asbestos materials Climax would isolate the CAVR from the underground workings and,once asbestos disposal was completed,the enclosure building over the shaft would be cleaned and demolished, fill material would be placed in the shaft, a clay cap installed,and the site would be suitably marked. Climax believes this constitutes the basis of an environmental remediation project as defined by C.R.S. 25-15-101 (4.5). The HMWMD conducted a site inspection on August 25, 1988 and, in a letter to Climax dated September 14, 1988 (attached),approved the use of the CAVR as an asbestos disposal site(based on the July 7, 1988 letter)stating that Climax will meet the requirements of the regulations pertaining to solid waste disposal sites. Climax believes this letter is a remedial decision by BMWMD, as defined by C.R.S.25-15-101 (13.5). Climax notified HMVVMD in a letter dated April 5,2011 of its intent to begin the closure process as detailed in the July 7, 1988 submittal, and submitted an updated plan to HMWMD on November 16, 2012 which included a reinforced concrete cap in lieu of backfilling the shaft and covering the CAVR with a clay cap. This cap, constructed of steel-reinforced concrete, is engineered to seal the shaft,prevent surface water runoff infiltration,and has the ability to support a loading of up to 100 feet of overburden material(approximately 3.8 million pounds). Since the CAVR is in very close proximity to a haul road adjacent to the open pit(see attached aerial photograph),this robust cap design was intended to provide Climax with the ability to expand its waste rock storage facilities or to place a new haul road in that direction if ever desired in the future. Neither the 1988 asbestos disposal plan,which defined the environmental remediation project,nor the 1988 remedial decision,relied upon the use of institutional controls to protect human health or the environment. The 2012 closure activities did not change the original closure design concept except to more effectively seal the shaft. Since the original remedial decision was made by HMWMD prior to July 1,2001,the CAVR is exempt from the environmental covenant requirements. Institutional controls are not necessary as they do not need to be relied upon for the purpose of protecting human health or the environment(C.R.S 25-15-101(4.7)) In your May 25,2016 email to Climax,you indicated that the CAVR would be evaluated"on a site- specific basis"and the"use restriction language would be based on the facility's specific features". We appreciate that HMWMD recognizes the uniqueness of Climax as opposed to other remediation sites in the state. Climax believes that the site-specific features of the CAVR,the surrounding environmental control structures,past, current and future land use restrictions,and other administrative controls including requirements by the Colorado Division of Reclamation,Mining and Safety(DRMS)eliminate any potential exposure to human health or the environment,both now and in the future. In fact,the CAVR closure design was meant to preclude the need for any type of maintenance or monitoring. Therefore,no further institutional controls, including use restrictions or environmental covenants are necessary. Climax has been an active mine site since the early 1900s and is regulated primarily under a Mine Reclamation Permit issued by the DRMS (Permit No.M-1977-493). In addition to establishing reclamation and environmental protection standards,the DRMS Rules and Regulations,require the establishment of post-mining land uses for the mine. Under the Climax permit,these future land uses are restricted to rangeland,recreation,industrial/commercial,and developed water resources. The closed CAVR does not pose a risk to human health under any of these designated land uses. Most importantly, Climax has been a mine site for over 100 years and will remain so indefinitely. Although the CAVR is 2