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l t DIVISION OF RECLAMATION, MINING AND SAFETY <br />Depattment of Natural Resources <br />1313 Sherman 6t., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 632-8106 <br /> <br />February 21, 2007 <br />~%ti 'I~a Poppy Harshman <br />3830 County Road 124 <br />Hesperus, CO 81326 <br />COLORADO <br />O I V I S[ O N O F <br />RECLAMATION <br />RECEIVED MINING <br />SAl ETY <br />FEB 2 6 2001 <br />Bill Owens <br />Division of Reclamation, cuvernnr <br />Mining and Safety Russell cenrge <br />Executive Director <br />Ronald W. Cattany <br />Division Direttor <br />`/ ~ Natural Resource Trustee <br />Re: May Day Mine, Permit M-1981-185, Response to Citizen Inquiry. <br />Dear Ms. Harshman, <br />Thank you for the 2/21/071etter inquiring about whether this office enforces regulations pertinent <br />to a condition you described at the above-named mine. The specific condition you described was <br />that the May Day #2 portal is not properly secured against unauthorized ingress. No additional <br />information was included in the letter. <br />The permitted area of the May Day Mine includes several separate portals to the underground <br />workings, and the #2 portal is the closest one to the access road. This portal is located over 200 <br />feet beyond a locked and clearly signed entrance gate. Access to this site is only available to <br />authorized personnel; since this is on land controlled by the mine operator, all others there are <br />considered trespassers. <br />The portal area exhibits extensive recent activity, precluding the possibility of a trespasser <br />stumbling upon an abandoned site which hides its inherent hazards. Among other recent <br />activities at the site, the operator has placed an earthen barricade immediately outside the portal <br />and has placed a secfion of easily-visible orange fence at the portal itself. <br />The locked gate and posted signage which clearly communicate the hazards inherent to the site, <br />plus the barricade and fencing are proper and prudent measures that the operator has taken at this <br />active mine site. Obviously, since the portal does not contain a locked steel door or a posted <br />guard, a person determined to enter the portal could do so, despite the precautions listed above. <br />This office does have regulations pertaining to an emergency situation or condition, but this does <br />not consfitute one, and this office fmds no violation with the operator's level of security and <br />precautions at the site. <br />It should be noted that the operator plans to install large steel containers (that are presently at the <br />portal #2 site) during 2007 to additionally stabilize and secure the portal area. This will provide a <br />higher level of safety for the miners and mine security during the coming operations. The final <br />reclamation plan for the site also provides for permanent closure of this portal. <br />I would suggest that if you still are concerned about the possibility of unauthorized ingress at this <br />unsecured portal, to contact the Mine Safety and Health Administration (MSHA) in the U.S. <br />Department of Labor, which might have jurisdiction in this area. <br />STATE C ~= COLORADO <br />Office of <br />Mined Land Reclamation <br />Office of <br />Active and Inactive Mines <br />