2011-01-14_REVISION - M1977493 - Laserfiche WebLink

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January 12, 2011 • patented land owned by others • Kokomo land exchange' "W • proposed Bartlett Mountain Exchange lands to be rezoned to M-1 • 1980 reclamation permit boundaries The map indicates that portion of the reclamafion permit boundary located within Summit County appears to match the reclamation permit boundaries as shown on Figure AM-06-13-0 1 included in the M- 1977-493 AM-06. We have been informed by Climax that the permit boundaries were temporarily reduced by the company during the mine shutdown due to the former State bonding requirements that were based on acreage alone. As noted, the Climax Molybdenum Company's properties under review are currently zoned M-1, which allows mining as a permitted use, with certain limitations depending on the circumstances. Mining for molybdenum at Climax started in 1916 according to Climax Molybdenum Company's Climax's State Mining Permit Amendment submittal to the Division of Reclamation Mining and Safety. The State, acting through the MLRB, issued a mining permit for the Climax Mine in 1977. Subsequent amendments to MLRB permit occurred in 1980, 1989, 1997, 2001, and 2006. The Climax Mine is categorized as legal, non-conforming mine and mill operation. Section 3812.01 of the County's Land Use & Development Code ("Code") defines legal non-conforming mines as those operations that are active mining or milling operations that are conducted in accordance with 110, 111, 112 permits issued by the MLRB prior to the adoption of the County's mining regulations on January 26, 2004. This section of the Code also states that any expansions, modifications of such mining/milling operations pursuant to a 110, 111 or a 112 permit amendment submitted to the Colorado Division of Minerals and Geology prior to April 4, 2003 and ultimately approved, are also considered to be legal non-conforming uses. As currently postured, the Climax Mine is permitted to continue to operate as a legal non-conforming use so long as there are no material modifications to the mining or milling operations in accordance with Section 3812.01 of the Code. If a material modification does occur, the operations must comply with the standards as listed in Section 3812.05 concerning impacts on adjacent land uses/compatibility of uses, air quality, noise, transportation facilities visual and scenic quality, natural hazards, designated chemicals and hazardous materials, water quality, socioeconomics and post-mining land use (as limited by the court decisions in the CMA v. Summit County case from a few years ago). In addition, Section 14100 of the Summit County Land Use & Development Code ("Code") regulates -nonconforming-parcels, usesand-structures. Under-Section 14102:02-o€the-Code;-existing-legal-non------ - - conforming uses may expand if it can be determined that the impact of the proposed expansion is deemed to not have a substantially greater impact on adjoining properties or the community. This will require the County to determine that the expansion of the mining operations at Climax proposed as a part of the state mining permit amendment would either have or not have a substantially greater impact on adjacent properties. Substantial impact could be such things as an increase in negative impacts on adjacent land uses, negative impact on compatibility of adjacent uses, negative impact on air quality, noise, transportation facilities, visual and scenic quality, natural hazards, designated chemicals and hazardous materials, water quality, socioeconomics and post-mining land use. Staff has reviewed the earlier permits approved by the County as well as the 1977 state mining permit. In comparison, the 2010 state mining permit amendment provides a much higher level of detail as to the operation and reclamation efforts as well as the final disposition of the mine site that Climax Page 2 of 5