2009-09-30_GENERAL DOCUMENTS - M1981185

• Permit No: M1981185
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 9/30/2009
• Doc Name: Response to written complaint & inquiry
• From: DRMS
• To: Lisa Giovanniello
• 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 30, 2009
R, E C f 'A we_D
OCT 0 Z 2009
COLORADO
D I V I S ION OF
RECLAMATION
MINING
SAFETY
Lisa Giovanniello
4557 County Road 124
Hesperus, CO 81326
Division of Raclamstion,
Mining and Safety
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
/ Division Director
RE: Response to Written Complaint and Inquiry, Natural Resource Trustee
Idaho Mill, File No. M-2006-069, and May Day Mine, Permit No. M-1981-18S.
Dear Ms. Giovanniello:
Thank you for taking the time to inform the Colorado Division of Reclamation, Mining and Safety (the
Division or DRMS) of your concerns in writing. The Division will respond to written complaints but is
insufficiently staffed to respond to complainants who refuse to clarify their issues in writing.
The issues raised in your August 28, 2009 correspondence involved not only the Idaho Mill but also the
May Day Mine. The Idaho Mill and May Day Mine are located in close proximity to each other and both
are operated by Wildcat Mining Corporation (the Applicant or Operator). Therefore, the results of the
Division's investigations are recorded in two reports, one for each operation. As noted in the two
inspection reports, the Division has identified several problems at the May Day Mine and is pursuing
possible violations at both sites. The possible violations have been scheduled for consideration by the
Colorado Mined Land Reclamation Board, to occur during the November 12 - 13, 2009 Board meeting.
In your correspondence you also inquired about party status, in general, and specifically for Ken and
Veniec:e Fagerlin regarding the Idaho Mill permit application.
Pursuant to Rule 1.1(38.1) a "party" is a person who demonstrates that he or she is directly and adversely
affected or aggrieved by the conduct of a mining operation, proposed mining operation, or an order of
the Board and whose interest is entitled to legal protection under the Act. Rule 1.7.1(1) indicates that any
person has the right to submit written statements supporting or objecting to any application for a permit,
or for an amendment or revision of a previously granted permit. However, the provisions of Rule
1.1(38, 1) also apply; being a timely objector is not the only requirement for becoming a party. Prior to
attaining party status, a timely objector may also be required to demonstrate how he or she is adversely
affected or aggrieved and is entitled to legal protection under the Act.
Generally, a party to the original permit application does not automatically maintain party status for
subsequent amendments and/or revisions to the previously granted permit. Party status is secured for
each permitting action by submitting timely comment, per Rule 1.7.1, and by demonstrating that he or
she is adversely affected or aggrieved and is entitled to legal protection under the Act, per Rule 1.1(38.1).
Office of Office of
Mined Land Reclamation Denver • Grand )unction • Durango _ Active and Inactive Mines