2006-07-26_REVISION - M1977342 - Laserfiche WebLink

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Ms Debra Campbell July 18, 2006 Page 3 We would further note that the ultimate interceptor canal is a necessary facility for reclamation, and therefore falls within the scope of C.R.S. §34-32-109(6). In addition, Henderson is a Designated Mining Operation defined by C.R.S §34-32-103 (3.5)(a), and the canal is subject to review and acceptance by DMG. Thus, the existence, size, location, operation, and design specifications for the interceptor canal are intrinsically tied to reclamation standards. They have been be reviewed by DMG and are subject to construction certification to insure protection of the hydrologic balance and reclamation standards. Consequently, the County has no remaining authority to assert over the canal. Notwithstanding the foregoing, and without waiving in any way Climax's assertions that the County lacks authority over the ultimate interceptor canal, in the spirit of cooperation Climax is providing the following information sought by the County's zoning regulations: (a) Such uses shall serve an obvious public need. The ultimate interceptor canal is necessary to maintain a stable tailing dam, protective of state waters, and provides for the continuance of the Henderson Milling Operation, serving both the local economy and the public need for molybdenum. (b) Satisfactory proof that there are sufficient supplies of electrical energy to serve said diversion, ditch, pipeline and any accessory pumping facilities, so as not to jeopardize existing or future domestic requirements. Not Applicable -The canal directs water around the properly by gravity. No electricity is required of this project. (c) Satisfactory proof that said ditch, pipeline, or diversion shall be built in a safe and prudent manner in order to protect the public safety from breakage. The canal has been designed to shunt water in excess of its capacity into containment on the Henderson tailing facility. The canal has been designed by a professional engineer who will perform inspection on the construction and who will certify the construction upon its completion. Parameters used in the design of the canal are in alignment with known hydrologic constraints and capac+fies of the Henderson Mill tailings impoundment, a facility that can pass the Probable Maximum Flood Event. See Attachment 5 for facility drawings and specifications. Attachment 6 provides an assessment of the flood controls associated with the tailing facility. (d) Satisfactory proof that said ditch, diversion or pipeline is environmentally engineered to provide the least environmental impact. Extensive environmental analysis has been performed in association with this project including an assessment and a plan to manage stormwater impacts, constructon oversight to include pollution prevention, and a review of the hydrologic balance (Attachment 6). See also Attachment 7 which contains summary information on the Nationwide 404 Permit 39 issued by the Army Corps of Engineers for this project. The attached mitigation plan for wetlands and review of impacts to wildlife (specifically the Canadian Lynx) demonstrate that the engineering considered environmental impacts.