2006-07-26_REVISION - M1977342 - Laserfiche WebLink

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Ms Debra Campbell July 18, 2006 Page 2 Reclamation permit, the terms of which were incorporated into the approved permit. These pages are contained in the section of the 1977 permit that discusses the ditches and facilities that were to be constructed at the Henderson Mill. Pages 6-36 and -37 describe the original interceptor canal around the tailing pond (named the "Ute Park Flood Bypass), and clearly contemplate that this original interceptor canal will be replaced, stating: [The] canal and pipeline system diverts Ute Park' runoff around the main tailing pond. The system collects water from the West Branch of Ute Creek in a canal which crosses the southern end of the valley via an inverted siphon to a combination pipeline/canal system and exds in Ute Park downstream of the seep-water entrapment canal. (The combination pipeline/canal consists of a pipeline buried in the bottom of the canal.) The system is designed to carry all normal runoff and is protected against entry of tailing and from winter freezing. The system permits the operation of a closed mill water circuit and provides flood protection. The entire system contours the approximate seven-year tailing deposition line.in the park, i.e..in about 1983 it will be covered with tailing. Prior to that time, the system will be re-evaluated, and if necessary, an additional diversion canal will be constructed. (Emphasis added) Attached as Attachment 2 is the map that is referenced in the second full paragraph of Page 6-36 of Attachment 1. Note that the map depicts three potential interceptor canals: a three year interceptor canal; a year seven interceptor canal; and a life of mine interceptor canal. The life of mine interceptor canal is located at the same contour elevation as the canal contemplated by the Amendment. The ultimate interceptor canal is discussed in the Amendment was clearly part of the original reclamation permit for the Henderson Mine and Mill. Amendments of Henderson's permit are necessary when new lands will be affected by mining operations, thereby requiring adjustment to the Henderson reclamation bond, and to insure compliance with reclamation specifications. Correspondence with the County subsequent to the issuance of the 1977 permit shows that the County understood and approved of the proposition that multiple interceptor canals would be constructed over time, with the eventual construction of an ultimate interceptor canal. On September 1, 1977, the County's director of Development and Planning, LeRoy Scott, "cert'rfied" that the Henderson Mill - as depicted and approved pursuant to the 1977 permit -was a permitted use under the County's zoning regulations (see, Attachment 3). In 1981, Henderson sought to amend its reclamation permit due to the need for a new interceptor canal around the tailing pond. Upon receipt of notice of the amendment, the County's then director of Development and Planning, R. Howard Moody, confirmed that the 1977 letter from the County was an approval of Henderson operations, including interceptor canal replacement. Mr. Moody wrote: - - - - - - Your operation is an allowable use under Section XI, Uses Permitted by Special Review of the Grand County Zoning Regulations. I refer you to the fetter from LeRoy Scott in 1977 regarding the application of the regulations. (Attachment 4). In sum, approval of an ultimate interceptor canal has already occurred at the State and County level. An amendment of the reclamation permit is required for the limited purpose of accounting for new lands [hat will be affected by mining operations as the result of the new canal. However, Grand County approval of the interceptor canal pursuant to its zoning regulations has already occurred. ' "Ute Park" is the name of the small valley in which the Henderson tailing pond was located. Ute Creek is the main stream running through this area,