Freeport-McMoRan to permanently remove mining claims from Mount Emmons and transfer back to U.S. Forest Service Options

[Gene Kooper]

Published this evening in the online Denver Post.

Crested Butte celebrates as longest running mine battle in the West nears end

CRESTED BUTTE — This end-of-the-road village has spent nearly 40 years transforming itself from a mining town into a thriving tourist destination despite the threat of a huge molybdenum mine on the hill overlooking downtown.

But the final chapter in the longest running mine fight in the West may soon be written.

Freeport-McMoRan — the world’s largest moly producer and owner of the Climax Mine near Leadville and the soon-to-shutter Henderson Mine near Empire — has inked a preliminary deal to permanently remove mining claims from Mount Emmons and return about 9,000 acres to the Forest Service. It will also work with Crested Butte to continue treating tainted water flowing from a long-defunct mine on the mountain.

For decades, every time molybdenum prices peaked, locals raised money and filed lawsuits to fight a proposed 1,000-worker mine digging 25 million tons of high-grade moly from the belly of beloved Mount Emmons. The crusade was at times so pitched that residents pledged to lay down in the middle of Whiterock Avenue to block ore-hauling trucks.

From the article it appears that if the town of Crested Butte can raise $2,000,000 Freeport-McMoRan will give up nearly 9,000 acres of unpatented lode claims on Mt. Emmons. Sen. Bennet has agreed to sponsor a bill that the article implies will permanently remove the area covered by those claims from mineral entry. At least that is how I read the story. The townsfolk and environmentalists are hailing this proposed action as forever removing Mt. Emmons and its large moly deposit from ever being mined.

The article implies that the Gold King Mine disaster acted as a catalyst for Freeport-McMoRan's decision. The company will still operate a water treatment plant to treat acidic metal-laden water that discharges into Coal Creek.

[Clay Diggins]

You can see that process for yourself.

Look in the presidential proclamation creating the monument. As with all national monuments prior existing rights are preserved in a savings clause. "The establishment of the monument is subject to valid existing rights"

Now look at the active claims status around the mine but in the monument boundary. See all those new claims? Those claims are as good as gone unless they can prove a discovery. They will be challenged.

Do you think those claims might also include proof of discovery accomplished by the mine over it's last 35 years of exploration? If so that would establish "valid existing rights". That proof of discovery is very valuable in combination with existing claims. Essentially, as far as mining goes, the monument withdrawal has no effect in that circumstance.

California has been trying to close that mine by hook or by crook for more than 20 years. Sound like the situation in Crested Butte? The fact that both mines have private land and valid existing claims around them makes any effort to use mineral withdrawals pretty much ineffective. Anybody who owns the proven discovery and the location associated with it is golden as long as they make their filings and fees timely.

This situation is perfect for all those politicians looking for votes in an election year. They do the "right" thing to please the townies and then blame their failed plans on their fellow congresscritters or, in the case of an executive withdrawal, the "antiquated" mining laws. Big mining is happy and townies are pleased their congresscritter is working for them. The rest is cotton candy and rainbows. Townies get their cell phones and new cars - mining continues to mine the metals for those cell phones and cars.