PERMIT FILE - 11/17/2009, 11:31:17 AM-JWD

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110V uzi U0 u-r: u 1V DEPARTMENT OF TRANSPORTATION STATE OF COLORADO Region 1 Environment and Planning (Water Quality) 6e_& 425 A Corporate Circle DIPARTHUff OrTRA MPDRTA DN Golden, CO 80404 (720) 497 -6934 fax (720) 497 -6901 r- • - Mr. Allen Sorensen November 9, 2009 Division of Reclamation, Mining, and Safety J 1313 Sherman St., Room 215 Denver, CO 80203 Dear Mr. Sorensen, This letter is in response to a Public Notice sent by Empress Gold Mining & Milling, Inc. regarding an application for a Hard Rock/Metal Mining Reclamation Permit. I have reviewed the application Stanley Mines MS #289, M- 2009 -026, which originated in March 2009, but includes several revisions. The most recent available document in this permit file was a notice from your office document, dated September 16, 2009, notifying Mr. Fabrizio that the application has been changed to a "complex" one. CDOT is an Interested Party The Colorado Department of Transportation is an interested party to this application for two reasons: • Proximity of CDOT Right of Way (ROW) to the Stanley Mines MS 9289, and • Presence of potential mineral development under CDOT ROW, particularly under the road base for Interstate 70. As the applicant has noted, CDOT ROW once included the Stanley Road (also called the "Frontage Road "). In 1971, that road was abandoned to Clear Creek County. (See the applicant's site map dated 8/31/09.) However, a ROW boundary was not determined at that time. As such, the drainages that drain from around this site, and any potential overtopping of the proposed stormwater and settling ponds, are likely to unpact CDOT ROW. In addition, the applicant highlighted all of the old mine workings (Stanley and Hukill) that reach both south and north, perpendicular to Clear Creek. I -70 is roughly parallels Clear Creek on the north side. If, as shown on both the cross sections and topographic maps, mineral extraction occurs on the north side of Clear Creek, portions of that work will occur directly under this critical transportation corridor. CDOT Concerns Regarding M- 2009 -026 Application Potential Impacts to Stability of the 1 -70 Roadway In 2006, the median of I -70 collapsed near Hukill Gulch. Repairs required partial shutdown of the highway. Since I -70 is the only east -west interstate through Colorado and a hazardous materials transportation corridor, any lane or highway closure affects commercial deliveries for the region. Based upon the drill -and -blast approach to mineral extraction, I have concerns regarding the stability of the sections underlying 1 -70. The mine workings form a labyrinth of tunnels and raises under the roadway. The applicant should meet with CDOT engineers to demonstrate how blasting will be carried out without destabilizing a section of the interstate, and what emergency reparations will be on -site in case of a collapse caused by mining activities.