The Crested Butte News Serving the Gunnison Valley since 1999
Mt. Emmons Moly Company confident they will prevail
The High Country Citizens’ Alliance will get a chance next month to make its case to the state that a new proposed tunnel under Mt. Emmons will be used for mining and is not simply “prospecting” as the mine company claims. HCCA asked the Colorado Mined Land Reclamation Board on December 15 to let them appeal a permit for a recently approved “drift” to be constructed. The board agreed to let them make their case.
The initial hearing was a result of almost three years of challenges to the drift concept by HCCA and will result in a full hearing on the issue in January 2011. The “drift” proposal includes the rehabilitation and construction of a mine tunnel, short and long-term storage of waste rock and delineation of the ore body to confirm the amount and value of molybdenum in the mountain. According to HCCA Executive Director Dan Morse, the activities would be likely to generate new acid mine drainage that could impact water quality and would involve the construction of significant new facilities on the surface of the Crested Butte municipal watershed.
“These activities were approved by the state as “prospecting” instead of mine development and underwent only a basic level of review,” Morse said. “HCCA contends the activities are mine development that requires a more comprehensive review and public process.”
Morse said the environmental group is pleased with the outcome of the decision. “This will allow us for the first time to make a case that this is more than prospecting and it is mine development,” he said. “The state board agreed that we had that right to make the case. It is the first time in Colorado that the public had appealed a prospecting proposal and the board has agreed to hear from the public. It’s been a long three-year battle.”
Mt. Emmons Moly Company Director of Community Relations, Perry Anderson said the company will make it clear during the January hearing that there is no mining involved in the construction of the drift. “The proposed activities are necessary to allow Mt. Emmons Moly Company to conduct prospecting activities only,” he said. “No mining of ore is proposed or will take place under this modification.”
Additional issues brought up in HCCA’s case include the need for the State to recognize the authority of local governments to regulate the drift proposal, and not to allow the activities to proceed until local permits are issued, as well as the need for the State to require adequate bonding for all of the proposed activities, including water treatment.
Morse commented, “Our right to be heard is clearly a result of a lot of hard work to change Colorado’s mining law and our diligent participation in the state’s review process for this proposal.
“This week’s victory also stems from the mining companies’ continued efforts to avoid meaningful public review of these proposals,” Morse continued. “Their stance was apparent from their motions to dismiss HCCA’s appeal which included arguments against the public’s right to participate. These sorts of arguments clearly contradict the companies’ public relations message of openness and willingness to modify plans based on public concerns.”
“We look forward to addressing the Mined Land Reclamation Board in January on why the activities permitted under this request are not mining activities and are permitted under Colorado law,” summarized Anderson.
The Mined Land Reclamation Board will hear the appeal January 19.
