2011-03-14_REVISION - M1977493 (49)

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• JUL. 21.2008 1:44PM SUMMIT CTY PLAWH01452. N0. 126 P. i PLANNING DEPARTMENT 9746611-4204 f x 974.668 1225 FWtQM4OBox 5660 0037 SCR 1049, Peak Cm Dr. Ftixq Calomdo 84443 July 21, 2008 Johnny Pappas, Environmental Manager Climax Mine Hwy. 21 Climax, 00 80429 RE: Climax Mine - Tailing Delivery Line - Request for Determination of Applicability of Section 3812 (Mining Regulations) of the Summit County Land Use and Development Code Dear Johnny: The purpose of this letter is to respond to your June 16, 2008 letter to me requesting a determination of the applicability of Section 3812 of the Summit County Land Use and Development Code (Mining Regulations) relative to your proposed installation of a tailing delivery line (T'DL) from the concentrator facility (located in Lake County) to the existing Tenmile Tailing Storage Facility (TSF), in Summit County. • The information provided in our meetings and in your letter indicates that the TDL will be a 36-inch HDPE SDR 17 pipe 'system approximately 19, 450 feet in length from the Mill area to the Temnile TSF generally following the existing ETDL route. The first 1,100 feet of the line will be buried with the remainder to be placed at grade. Section 3812,01 (Nonconforming Mining/Milling Activities - Grandfathered) of the Code recognizes the legal nonconforming status of existing miming and milling activities conducted in accordance with 110,111, or 112 permits issued pursuant to the Hard Rook/Metal Misting Rules and Regulations of the Colorado Mined Land Reclamation Board prior to January 26, 2004. Secton 3812.01,B of the Code rdquirce that any material modification of a legal nonconforming mining or milling operation shall be subject to the County's Mining Regulations (including performance standards), and where applicable, conditional use permit requirements. You have indicated in your June 16 letter that since the Colorado Division of Reclamation Mining and Safety (CDRMS) approved the proposed TDL under a technical revision to the active Climax Mine Reclamation Permit it does not constitute a material modification of the mining or milling operation. Although the County's determaiaation. of the significance of a particular modification to a previously issued mining permit is not dictated by the level of review the modification receives by the CDRMS it is a legitimate factor to considered. I agree that the installation of the proposed TDL does not constitute a materiml modification of the Climax mining and milling operation and is therefore not subject to the County's Mining Regulations. With regard to our previous conversations concerning the applicability of the County's Areas and Activities of State Interest (1041 Regulations) the County does believe that certain activities planned at Climax Mine fall with our definition of a Major Water and Sewer Project. A Major Water and Sewer • Exhibit 55