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JOHN W. SUTHERS <br />Attorney General <br />CYNTHIA H. COFFMAN <br />Chief Deputy Attorney General <br />DANIEL D. DOMENICO <br />Solicitor General <br />Mr. Paul Kosnik <br />La Plata County Attorney's Office <br />1099 Main Street, Suite 313 <br />Durango, CO 81301 <br />RE: May Day Idaho Mine Complex Roads <br />Dear Mr. Kosnik: <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br />OFFICE OF THE ATTORNEY GENERAL <br />1 <br />STATE SERVICES BUILDING <br />1525 Sherman Street - 7th Floor <br />Denver Colorado 80203 <br />Phone (303) 866 -4500 <br />August 14, 2012 <br />I have been asked by the Division of Reclamation, Mining, and Safety to provide this <br />letter in response to your letter dated July 20, 2012 regarding (1) the Division's review and <br />approval of standards and safety measures associated with the existing mine roads within the <br />approved May Day Idaho Mine Complex permit area and (2) the Division's interest in <br />immediate repair of the access road at the May Day Idaho Mine Complex. <br />In regard to the existing mine roads within the permit area, the Division conducted a <br />thorough review of these roads during the conversion application (CN -01) process. <br />Although the roads within the permit area are pre- existing mine roads the Division did <br />require the Operator to submit plans to implement various safety measures to ensure that the <br />intended use of the roads would not impact public health, safety, welfare or the environment. <br />Measures required by the Division included safety berms, storm water management and <br />control, road stabilization, and grading. The plans approved under CN -01 are protective of <br />public safety and the environment. <br />As we discussed by phone on July 12, 2012, the Division has been actively involved <br />in the regulation of this site, and specifically the "illegal" access road, since November, <br />2008. As stated during our discussion, the current condition of the access road does present <br />an imminent concern to the Division with regard to potential impacts on human health, <br />safety, welfare, and the environment. The Division has made its position clear through <br />various public hearings, permitting documents, and technical correspondence with the <br />Operator that proper repair and stabilization of the access road is of paramount concern to the <br />Division and is necessary to be protective of public safety and the environment. <br />On May 23, 2012 the Division approved Technical Revision 2 which specifically <br />approved a plan for proper repair and stabilization of the access road. The repair plan <br />approved under TR -02 received a thorough technical review by the Division and was found <br />