2010-09-17_GENERAL DOCUMENTS - M1981185

• Permit No: M1981185
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 9/17/2010
• Doc Name: Division Response to E-Mail from Penfield Tate Dtd Aug 24, 2010 Regarding Phil Vigil Complaint
• From: DRMS
• To: Mr. Penfield W. Tate, III
• Email Name: SSS
• Email Name: WHE
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
September 17, 2010
Mr. Penfield W. Tate, III
Greenberg Traurig
Email: [e-mail]
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
James B. Martin
Executive Director
Loretta E. Pineda
Director
SENT VIA E-MAIL
RE: May Day Mine, Permit No. M-1981-185, Division Response to E-Mail from Penfield Tate Dated
August 24, 2010 Regarding Phil Vigil Complaint
Mr. Tate:
I apologize for the delayed response to your inquiry. I advised Wally that I would respond, and have been
recently otherwise occupied.
Regarding the equipment maintenance; Director Pineda has authorized Wildcat to work on the dozer in the
building on the Idaho Mine site. Ms. Pineda also authorized repairs to, and relocation of, a loader from an
undisclosed location to the area adjacent to the La Plata river and just across the bridge at the bottom of
the road coming from the mine sites. Wally's inspection noted the loader was located at the May Day No. 2
presumably for repairs prior to transport down to and across the bridge.
Regarding your inquiry about future work on the unpermitted access road; please refer to the agreement
specified in the August 5, 2010 letter from DRMS to Greenberg Traurig. All proposed work on the road
must be submitted to DRMS for approval. Currently, hand work only is allowed until the road plans are
addressed in an approved reclamation permit. Until DRMS grants approval, no work may be conducted on
the unpermitted road.
Regarding your inquiry about Mr. Vigil's comment regarding use of the "Incas Road"; Wildcat can and will
be held responsible for any damage to that road that occurs due to Wildcat Mining operations, such as the
excavation of the Chief Portal. As for use of four wheelers on that road, USFS prohibited vehicular access to
that road in spring of 2010, so the only four wheeler traffic on that road should be associated with the
Wildcat and Incas mining operations. DRMS has not restricted use of that road and has notified both
Wildcat and Incas operators of the road outslope conditions at the Chief Portal location.
Regarding the timeliness of the complaint; DRMS policy specifies that inspection following DRMS receipt of
written complaints will occur within 30 days. The emailed complaint from Mr. Vigil was received August 9th
and inspection occurred timely on August 20th. DRMS has no control over how long a citizen waits before
submitting a complaint regarding an observation they made. Regardless of the timing of the observations
and the complaint submittal, DRMS shares concern about the instability of the unpermitted access road
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines