HCCA and USE corresponding about new negotiating potential

Friday at noon is preliminary deadline

Preliminary talks about significant talks are going on between local environmental group the High Country Citizens’ Alliance (HCCA) and U.S. Energy (USE), the developer of molybdenum mining rights on Mt. Emmons. Proposals from the two entities have been bandied back and forth in an effort to find a way for the traditional opponents to sit down and begin negotiations about a possible solution to both a proposed clean-up of the old Keystone Mine site and a permanent resolution to mining on Mt. Emmons.

USE had applied for and received the go-ahead with the state to perform what is known as a VCUP (Voluntary Clean-up Program) in October. That brought about a public outcry from local groups who were blindsided by the move and hadn’t had time to evaluate the ramifications of a VCUP in this circumstance. The state suspended its approval and has given the local groups until Friday, December 13 to provide comments on the proposal. Under the VCUP, USE would cap the current mine adits (shafts) reinforce existing tailings ponds and utilize passive water treatment systems.
In a letter dated November 21 from HCCA executive director Greg Dyson to USE President Mark Larsen, the environmental group proposed “the convening of a process to involve US Energy, HCCA, governmental bodies, agencies, experts and other key interested parties, whereby we develop a reclamation plan for the Keystone Mine that meets US Energy’s and the community’s needs.”
The letter suggested that “we convene at our earliest convenience a meeting between US Energy, HCCA, the Town of Crested Butte, the Red Lady Coalition, CDPHE (the state agency that approved the VCUP) the Forest Service, EPA and any other parties deemed appropriate and necessary to the conversation. We would also ask that you voluntarily table your current Keystone Mine VCUP application pending this group conversation.”
Larsen responded to the HCCA proposal this past Tuesday, December 10 with a letter back to HCCA. That letter states that USE “is open to a positive proposal” from HCCA, the RLC and the Town of Crested Butte “concerning not only the voluntary remediation of the Keystone Mine, but also relating to the development of the Mt. Emmons Project.”
USE then suggested that it would amend its VCUP application to remove lands managed by the Forest Service. That includes the parcel where the water treatment plant is located. USE had hoped that as part of the VCUP the water treatment plant would be closed and that the VCUP process would make it no longer needed. But the Forest Service has already stated that VCUP does pertain to federal lands.
The Larsen letter goes on to say that USE will continue to undertake the cleanup on the private lands outside of the Forest Service property. USE wants the local groups to withdraw their objection to the amended VCUP before this Friday. “In return, and to allow the proposal process to move forward, US Energy agrees not to initiate construction of the bulkheads until July 1, 2014. Further, as part of this process, US Energy will agree to not seek any action by the US Forest Service to decommission and remove the water treatment plant until on or after July 1, 2014.”
Larsen again reiterated his desire to find a permanent solution over the proposed molybdenum mine on Red Lady. “In addition and also as part of this process, US Energy will welcome a proposal from the Parties for a permanent resolution for the Keystone Mine/Mount Emmons Project. The Parties will agree to provide a meaningful written proposal that finally resolves all issues for the Keystone Mine/Mount Emmons Project to US Energy on or before March 1, 2014.
“The process outlined above is designed to promote cooperation and allow implementation of environmental improvements while US Energy and the Parties seek a comprehensive resolution,” the letter continues.
In a letter to USE dated Wednesday, December 11 Dyson expressed optimism that “all parties may be able to sit down together soon and discuss our shared interests.”
Dyson said HCCA would be willing to ask the state to delay its decision on the VCUP into 2014. He said HCCA would withhold its new comments on the VCUP application “in the hopes that through constructive discussions, we will be able to have our concerns and those of the larger Crested Butte community about the health of our watershed addressed by your company.” He then suggested all the groups meet in Denver within the first two weeks of January.
“HCCA also agrees with your suggestion that discussion of a permanent resolution to mining on Mt. Emmons be a part of this process,” the HCCA letter states.
HCCA then gave USE until noon on Friday to “join us and ask the state to extend its VCUP decision-making into the New Year.” If HCCA hasn’t heard back from USE by that time, it will submit its new comments to the state and go through the VCUP decision process.
Larsen responded to Dyson Wednesday afternoon. “Unfortunately, US Energy is unwilling to postpone the cleanup of the Keystone Mine to pursue the process described in your letter. US Energy’s prior offer remains open, and we hope that the Parties will accept that offer and allow a constructive dialogue while moving forward with the cleanup.”
Dyson said HCCA is looking over the last response from USE. “It’s not we hoped for but if nothing changes, we’ll be sending our comments on the VCUP to the state on Friday. The bottom line is that we’re always open to holding productive talks with US Energy but they have to bring something to the table,” concluded Dyson.
The town of Crested Butte is on board with the concept of face-to-face talks. “If US Energy is willing to join the parties to push the VCUP process back and sit down and talk, the town would certainly be happy to take part in that,” said Crested Butte town manager Todd Crossett. “That would be a positive step.”