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Mr. Penfield W. Tate, III <br />August S, 2010 <br />Page 3 <br />As has been previously stated, the Division will not allow use of the unpermitted road for <br />transport of the equipment that would be necessary to conduct this type of construction activity. <br />However, even if Wildcat is able to secure access via the USFS road, the Division still would <br />hesitate approving this requested activity without further discussion regarding the extent and <br />scope of the activity. <br />Although an interim plan detailing minimal muck out and adequate stabilization <br />conducted in cooperation with MSHA is possible, the Division has concern as to whether the <br />work can be implemented and conducted safely. The potential scope of the portal 1 stabilization <br />activity is large, and may result in a complete re-build of the portal entry at Level 1. In addition, <br />Wildcat would conduct the work on an unpermitted portal, meaning extensive clean-up and <br />stabilization work would be conducted on a portal that has yet to be properly permitted. Finally, <br />the plans that would have to be submitted to the Division for review and approval would have to <br />be specific and detailed. The Division believes that Wildcat's efforts should be concentrated on <br />the 112d application as opposed to this interim permitting process that could be lengthy and <br />complex. A full scale muck out and stabilization design should come as part of the 112d <br />application, not as a series of pre-permit interim plans. Although more discussion regarding this <br />task maybe warranted, at this time the Division cannot approve the requested work. <br />Housekeeping Tasks: <br />As stated. above, on August 2, 2010 the Division provided a preliminary approval of the <br />"housekeeping tasks" outlined in Wildcat's July 26t' spreadsheet submittal. For many of these <br />tasks Wildcat requests that materials be removed from the site and properly disposed or stored. <br />Again, use of the unpermitted access road by motorized vehicles is not permitted; therefore, <br />although Wildcat can undertake the housekeeping tasks, Wildcat must keep the materials on-site <br />until USFS access is secured. <br />Exploration: <br />As was discussed at the pre-application meeting, exploration activities should not take <br />place prior to obtaining the 112d permit. The Division prefers that Wildcat's efforts are <br />concentrated on the 112d application. However, the Division recognizes that further exploration <br />is an important part of Wildcat's business plan. Such exploration can take place once Wildcat <br />secures the 112d permit. <br />Conclusion: <br />The Division thanks Wildcat for its cooperation in working towards securing the 112d <br />May Day permit. The Division believes that the activities it approved will allow Wildcat to <br />obtain beneficial information and data and conduct limited work on site, which will generate a <br />more thorough and complete I I2d application. The Division encourages Wildcat to submit the <br />necessary requests to USFS to acquire motorized access to the site. Permission from the USFS <br />to allow transportation and delivery of construction equipment to the May Day site via the <br />original Forest Service road will enable the Division to reconsider some of the requested <br />activities in the ":restoration tasks" spreadsheet. However, until the access issue is resolved, the