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CM0001500 <br />STAFF REPORT: Climax Mine File No. 1041-0072 <br />BoCC Hearing Date: June 24, 2008 <br />• <br />activities at the Climax Mine are the Colorado State Engineer (dam stability and water rights), Colorado <br />Department of Transportation, Colorado Hazardous Materials and Waste Management Division, Mine <br />Safety and Health Administration, U.S. Environmental Protection Agency, and the U.S. Army Corps of <br />Engineers. With the exception of a building permit to be applied for and issued by Eagle County, and a <br />Technical Revision to be submitted to the Colorado DRMS, no other permits and approvals are required <br />for this Project. <br />[+] FINDING: (1) Rights. Permits and Approvals. The applicant HAS obtained all necessary <br />property rights, permits and approvals prior to site disturbance. <br />(2) The Project will not impair property rights held by others. <br />All of the proposed facilities are located within the Climax Mine property boundaries and the Project will <br />not affect any property held by others, and will therefore not impair property rights held by others. <br />[+] FINDING: (2) Property rights of others. The project WILL NOT impair property rights held by <br />others. <br />• <br />(3) The Project is consistent with relevant provisions of applicable land use and water <br />quality plans. <br />The Project does not seek a change in existing land use, and does not conflict with the Eagle County <br />Comprehensive Plan, or the Regional Water Quality (208) Plan. <br />[+] FINDING: (3) Consistency with plans. The Project IS consistent with relevant provisions of <br />applicable land use and water quality plans. <br />(4) The applicant has the necessary expertise and financial capability to develop and <br />operate the Project consistent with all the requirements and conditions. <br />Climax has the necessary expertise and financial capability to develop and operate the Project consistent <br />with all requirements and conditions. Climax has operated the Climax Mine since 1917. Freeport- <br />McMoRan Copper & Gold, Inc. (Freeport-McMoRan), Climax' parent company, is a publicly traded <br />international mining company that has dedicated the financial resources necessary to ensure the <br />successful completion of the Project. <br />[+] FINDING: (4) Expertise and financial capability. The applicant DOES HAVE the necessary <br />expertise and financial capability to develop and operate the Project consistent with all requirements <br />and conditions. <br />r? <br />L J <br />(5) The Project is technically and financially feasible. <br />Staff Report Date: 06.24.08 <br />Eagle County Community Development <br />Page 3 of 11 <br />