2013-04-26_GENERAL DOCUMENTS - M1981185

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JOHN W. SUTHERS Attorney General CYNTHIA II. COFFMAN Chief Deputy Attorney General DANIEL D. DOMENICO Solicitor General STATE OF COLORADO DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL RE: Wildcat May Day Idaho Mining Complex Roads Dear Mr. Kosnik, DRMS review related to the access road under TR -02: 1 STATE SERVICES BUILDING 1525 Sherman Street - 7th Floor Denver Colorado 80203 Phone (303) 866 -4500 September 14, 2012 I forwarded your e-mail to the DRMS staff that conducted the review of CN -01 and TR- 02, they provided the information discussed below. Again, DRMS's technical review always takes protection of public health, safety, and environment into consideration, however, the State review process and applicable standards may differ from those required by the County. I believe the DRMS technical review of the roads was sufficient to provide the necessary assurance to the County that the health, safety, and welfare of the community, as well as the environment, are protected. Additionally, should Wildcat proposes new or amended plans at the May Day Idaho Mine Complex that further specifies use of the roads, DRMS would conduct another thorough, plan specific, technical review to ensure continued protection of health, safety and the environment. In the e-mail you request "confirmation that DRMS considered sanitary, concrete, and excavation trucks as part of the intended use for the existing roads ", and that "if DRMS fully considered the impact of sanitary, concrete and excavation trucks on the existing roads and believes that the approved plans will ensure that the roads are safe for all intended use, then the County Planning Department will support a variance to the standards required by DRMS." Please note that DRMS did not review specific impacts from sanitary, concrete, or excavation trucks. Rather the review was fact/site specific based on the application submitted by the operator and the type of operation proposed. The May Day Idaho Mine Complex is a small underground hard rock operation, therefore the "intended use" of the roads is based on the nature and scale of the proposed operation. Of concern to the Division with regard to the access road (from CR 124 to the La Plata River bridge crossing) was stability. Under the engineering analysis required through TR -02, Wildcat used a 40 -ton vehicle load for their stability analysis. The weight of the vehicle was determined based on the maximum load anticipated to use the access road in support of the proposed mining operation. La Plata County's standard weight limit is 8,000 pounds per wheel (approximately 72 tons per vehicle) for vehicles with solid rubber or cushioned wheels. The 40- ton vehicle load is well below the County's maximum weight limit standards.