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Erickson, Wall <br />From: Berry, David R`? <br />Sent: Wednesday, August 11, 2010 1:35 PM ? <br />C <br />To: Shuey, Steve; Erickson, Wally / <br />Subject: FW: Wildcat aA 4?b <br />I <br />O -our / <br />In case you did not get this. Please incorporate into the imaging sytem. <br />From: Pineda, Loretta <br />Sent: Tuesday, August 10, 2010 10:52 AM <br />To: 'TateP@gtlaw.com' <br />Cc: Berry, David; 'Jeff Fugate' <br />Subject: Wildcat <br />Pen, <br />VtfiCF_JVED <br />AUG 2 3 2010 <br />Division ut tjecj;,w).aiiion, <br />mining and SO* <br />Q,9/6 Pop'. 0 <br />d?? m :/?e <br />Safe y,on <br />May day MiAe_ ` <br />/A I J01-! F''? 1?un on <br />,,MS 06r S(C-aJ <br />llleya( Roac1 <br />Thank you for the discussion yesterday. During the discussion Wildcat requested that the Division allow (or <br />consider allowing) a one time use of the unpermitted road to transport an excavator to the May Day site. It was <br />stated that there is necessary muck out work that needs to be done at portal No. 1 and that Wildcat does not want <br />to wait through what could be a long review and approval process from the USFS to secure access for the original <br />road. <br />The Division discussed further use of the unpermitted Idaho road for the one time use to transport an <br />excavator to and from the May Day site. As was the Division position in the response letter sent August 5, at this <br />time, under the current condition of the unpermitted road, the Division will not allow the unpermitted road to be <br />used for transportation and delivery of construction equipment to the May Day site. This includes a one time <br />ingress and egress. Our position has not changed on the use of the road. The Division engineering staff inspection <br />and analysis previously conducted on the road have determined that the unpermitted road cannot be safely used <br />in its current condition by any size motorized vehicle. <br />The Division, again, would encourage Wildcat to pursue permitted use of the USFS road as a safe access point--the <br />Division is willing to provide some assistance with this process if necessary and appropriate. <br />Another issue discussed yesterday that I would like to clarify is the muck out activity at portal No.1. During the <br />discussion it was indicated that Wildcat considers this activity to be time sensitive and urgent, thus the request <br />for immediate use of the unpermitted road now as opposed to waiting for the proper approval of the USFS <br />road. The Division does not believe that such potentially extensive activity can commence as quickly as Wildcat <br />has indicated. It is not as simple as getting an excavator on site. MSHA has prohibited all activity at the Level #1 <br />Portal until MSHA determines that it is safe to resume normal mining operations in the area. If it is <br />determined, after the discussion, that some muck out work is allowable the Division would require the submittal <br />of a Technical Revision, including detailed specifications, to the Division for review and approval prior to the <br />commencement of any work. In addition, any muck out work would have to be coordinated with MSHA to ensure <br />that the activities are conducted safely. The typical review period for TR is 30 days. <br />Again, thank you for the strong communication over the past month. I believe that with the activities already <br />allowed by the Division that Wildcat will be in a position to submit a strong 112d permit application. Please call if <br />you have any further questions.