Erick,
This email contains a summary of (1) my understanding of the project status and (2) currently approved site activities as reported by DRMS.
(1) Project Status (my understanding)
State Approval
· Is for stabilization and data collecting purposes only
· Mining and milling are not allowed with the current approval
· One of the seven conditions of approval addresses the private, unpermitted road stating: Mining and milling activities may not commence until the Division receives and approves … a revised work plan addressing the stabilization and reclamation of the New Access Road that was constructed illegally… The Operator may not use the road for vehicular access or to otherwise advance the mining operation until fully approved by the Division.
County Process
· Prior to pursuing Class II, a variance to county road standards is needed
· Because it is not feasible for a mine to meet county road standards and because the county does not have mining standards, a letter was issued on 5.20.2011 stating specifically what would be needed from the applicant for staff to support a variance to county road standards. This 5.20.2011 letter is attached.
· One of the items required for staff support of a variance is "DRMS approval of the road plans". DRMS is specifically staffed to address mine features, including roads, so this allows the applicant to primarily deal with one agency for approval of the road plans. As long as DRMS review of the plans is thorough, county staff has indicated they would accept DRMS' review.
Wildcat Next Steps - As related specifically to county permitting
· Receive USFS permission to use its road to access the site. BLM/USFS reports today that a 9 month extention to the temporary permit has been granted, providing access on the USFS road through next Summer, including access for drill rigs in order to allow applicant to conduct investigation required by DRMS. Note snow plowing is not permitted, indicating the road will not be usable during Winter months. (DRMS requirement, USFS temporary permit)
· Collect geotechnical samples, install monitoring wells, and stabilize private access road, chief mine portal, and other targeted areas (DRMS requirement)
· Develop a work plan addressing stabilization and reclamation of the private access road and get approval from DRMS (DRMS requirement)
· Provide variance submittals (and Class II submittals) to County (LPC requirement)
· BOA approval of variance to county road standards (LPC requirement)
· LPC PC Hearing
· LPC BOCC hearing
(2) Currently Approved Activities (quoted from 11-15-2011 email from Wally Erickson of DRMS)
"The DRMS permit is approved on an extremely limited basis and on-site activity will commence in the immediate future, pending access authorization from USFS. DRMS will not allow vehicular access for the illegal road across private lands (New Access Road) until Wildcat has demonstrated the road to be stable, safe, and compliant with the applicable requirements of the Act and Rules. DRMS has stressed the New Access Road as a priority. However, until Wildcat can demonstrate the stability of the New Access Road, the USFS route appears the only access for heavy equipment. USFS has previously indicated heavy equipment would not be authorized across USFS lands unless such equipment was required to complete work plans approved by DRMS and/or other agencies. Therefore, I provide the following clarification on activities currently approved by DRMS:
1. Wildcat may collect geotechnical information on the New Access Road, as necessary to finalize a work plan addressing stabilization and reclamation of the New Access Road. Necessary equipment may include a drill rig and backhoe or tracked excavator.
2. Wildcat may collect geotechnical information on the access road to the Incas Mine, which was undermined by the illegal construction of the Chief Portal. This information is also essential in demonstrating the stability of the Chief Portal and its associated highwall. Necessary equipment may include a drill rig and backhoe or tracked excavator.
3. Wildcat may collect geotechnical information on the collapsed portal at the May Day 1 level. Wildcat may clear debris from the collapse to expose a stable highwall and gain safe access to underground workings. Necessary equipment may require a drill rig, backhoe or tracked excavator, bull dozer, and possibly a truck(s) to haul excavated debris to May Day 2 level.
4. Wildcat may construct ground water monitoring wells at approved locations and commence the characterization of ambient hydrologic conditions at the site. Necessary equipment may require a drill rig.
5. Wildcat may install storm water control structures (BMPs), as necessary to comply with the Stormwater Management Plan and the requirements of EPA, Corps of Engineers, WQCD, and La Plata County. Necessary equipment may include a backhoe or tracked excavator.
6. Wildcat may remove mining related debris from Little Deadwood Gulch and stabilize the drainage channel at the May Day 2 level, as necessary to comply with the SWMP and the requirements of EPA, Corps of Engineers, WQCD and La Plata County. Necessary equipment may include a backhoe or tracked excavator, truck(s) to deliver culverts and riprap materials, and grizzly to sort materials on-site to acquire appropriate riprap materials.
NOTE: Wildcat has not yet attained DRMS approval of the work plan addressing the removal of mine debris from Little Deadwood Gulch and stabilization of the drainage channel at the Chief Portal. DRMS has required total removal of all inappropriately placed materials from the drainage channel, but Wildcat has counter-argued removal of all materials will destabilize the Chief Portal. DRMS has required Wildcat demonstrate how total removal of the obstruction to Little Deadwood Gulch would destabilize the Chief Portal. Wildcat has requested, and DRMS has approved, this issue to be resolved through follow-up Technical Revisions and/or Amendments, to be submitted subsequent to the issuance of the partial approval with conditions. This issue is not yet resolved and Wildcat is not authorized to implement unapproved designs.
Therefore, the list of heavy equipment necessary to accomplish the limited activities currently approved by DRMS include the following:
· Drill rig for geotechnical information;
· Drill rig for ground water monitoring wells;
· Backhoe and/or tracked excavator;
· Bull dozer;
· Haul truck(s), limited to what can safely navigate existing access roads to the May Day 1, May Day 2 and May Day 3 areas;
· Fuel/lube truck, as necessary to service on-site drill rig, backhoe, excavator, and dozer; and
· Grizzly for on-site sorting of materials and generation of appropriate riprap materials."