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January 12, 2011 <br />Molybdenum Company is committing to complete once the mine ceases operation. In Staff's preliminary <br />review of both the new and old materials, the impacts of the proposed state mining permit appear to be <br />approximately equal to what had been reviewed by the County in the 1980-era and 1990-era County <br />permits listed above. The State Mining Permit Amendment application notes that the original 1977 <br />MLRB permit included similar amount of acreage as proposed amendment proposes (+7,000 acres) as <br />well as similar facilities as the proposed amendment (e.g., the new wastewater treatment plant located at <br />the northern end of the Mayflower pond was also included in the 1977 state mining permit). <br />In addition, the Climax facilities currently provide water treatment processes that are used to collect <br />impacted water from the mine, removing elevated concentrations of heavy metals and restoring the pH <br />balance prior to discharging the treated water into Ten Mile Creek. As a part of the proposed expansion <br />and startup of mineral production at the site included in the state mining permit amendment, Climax <br />Molybdenum Company does propose modifications to the current water and wastewater treatment <br />processes that are occurring within Summit County. Chapter 10 of the Code regulates Areas and <br />Activities of State Interest, commonly referred to as "1041 permits". Under the current County's 1041 <br />.permit regulations, the water and wastewater treatment modifications would have to be reviewed as <br />Major Water and Sewer Project per the definition of a Municipal or Industrial Water Project listed in <br />Chapter 10 of the Code. Municipal or Industrial Water Projects are defined as systems and all related <br />components thereof that provide or may provide in the future, water supply, either directly or by trade, <br />substitution, augmentation or exchange, for municipal or industrial uses. As such, Climax Molybdenum <br />Company will have to apply for and receive approval of a Municipal or Industrial Water Project through <br />the County's Areas and Activities of State Interest permitting process. <br />Regarding the County's Master Plans, the applicable master plan documents give guidance to land use <br />decisions in the County for development. The Climax Mine is located within the Ten Mile Basin of <br />Summit County and so the applicable master plans include the Countywide Comprehensive Plan <br />("CWCP") and the Ten Mile Basin Master Plan ("TMMP"). Relevant master plan sections, stated as <br />Goals and Policies/Action Plans, that will apply to any future land use decisions include but are not <br />limited to the following: <br />CWCP: <br />Environmentally Sensitive Areas <br />• Goal A - Protect and preserve environmentally sensitive areas <br />o Policy/Action Plan 14- Support projects that restore stream channels and natural conditions, <br />provide erosion control, and improve fish and wildlife habitat. <br />Recreation and Trails - Recreational Pathway <br />Goal F - Maintain and, where appropriate, enhance, connect, and expand the recreational pathway in <br />the County. <br />o Policy/Action 3. Complete the development of a bike route that traverses the County, using a <br />separated grade recreational pathway or where necessary highway bicycle lanes, connecting the <br />different basins in the County and connecting to adjacent counties. <br />Page 3 of 5