Wildcat Mining Citizen Complaint

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Dec 23, 2012, 8:04:19 PM12/23/12
FYI from Lisa in Mayday:

Neighbors, WCM is using the road even though there is a Board Order not to.
Order date December 2011. Frustrating. Please complain to MSHA.


P.S. Happy Holidays to all.

From: Czapla - DNR, Dustin [mailto:dustin...@state.co.us]
Sent: Friday, December 21, 2012 11:13 AM
To: eas...@frontier.net
Subject: Fwd: FW: Wildcat Mining Citizen Complaint


Please see the following response to your complaint from Wildcat Mining.

Dustin Czapla

Division of Reclamation, Mining and Safety

---------- Forwarded message ----------
From: Mike Thompson <m...@reardonsteel.us>
Date: Fri, Dec 21, 2012 at 11:02 AM
Subject: FW: Wildcat Mining Citizen Complaint
To: "Czapla, Dustin" <Dustin...@state.co.us>
Cc: "Means, Russ" <Russ....@state.co.us>, "Janowiak, Matthew J -FS"
<mjjan...@fs.fed.us>, Randall Oser <randa...@gmail.com>

Dustin -

As we discussed on the phone during the week of December 3rd, Wildcat sloped
the top surface of the road so that storm water would drain back towards to
cut slope to prevent erosion over the soft slope adjacent to the wetlands
along the La Plata River. Also, simultaneous with that activity Wildcat
installed a berm on the outside edge of the road which was an unavoidable
requirement per Wildcat's most recent MSHA inspection. The inspector stated
that regardless of Wildcat's ability to use its roads that they must be
equipped with safety berms, both during construction and during use.
Consequently, both the sloping and the berming are required components of
preliminary construction activities that could be completed prior to heavy
snowfall. Neither of these actions were for utilizing the road, in its
current debilitated state, for vehicular access or advancing the mining

Currently, Wildcat does not have an access permit in place on the USFS road.
The most recent access permit expired on November 15th. Since that time,
Wildcat has not needed regular access to the site with the exception of
obtaining the required water samples. As discussed on the phone, Wildcat
will rely on foot, snowmobiles, and atv's to gain access to the sample

I also spoke with Matt Janowiak during the week of December 3rd informing
him of my conversation with you and reiterating that Wildcat will be
required to have another access permit on the USFS road until the new access
road is completed and approved. Matt informed me that he has been contacted
by the same citizens that lodged the complaint below, and that they are
requesting that he not issue Wildcat another access permit on the USFS road.
Therefore, in an effort to minimize our perceived impact to these citizens,
Wildcat was not planning on making a formal request for an access permit on
the USFS road until absolutely necessary.

Ideally, Wildcat would have constructed the new access road during the
summer and fall months of this year following DRMS approval of TR-02 in May.
However, as you know, the variance approval process took considerably longer
than what was originally represented by La Plata County - in large part due
to opposition from the aforementioned citizens. Wildcat received approval
of the variance on November 7th, which did not grant enough time to complete
construction of the new access road before heavy snow fall. However, as
stated before, the activities that have recently occurred are preliminary
construction activities in preparation for full scale construction
activities in 2013.

Please let me know if you have any questions or need further clarification.


Mike Thompson

Reardon Steel LLC

18050 Road G, Cortez, Colorado 81321

Office: (970) 565 0278

Cell: (970) 426-2924


---------- Forwarded message ----------
From: "Czapla - DNR, Dustin" <dustin...@state.co.us>
Date: Dec 21, 2012 11:17 AM
Subject: Fwd: Wildcat Mining Citizen Complaint
To: <randa...@gmail.com>
Cc: "Russ Means - DNR" <Russ....@state.co.us>

Hello Randy,

The Division received the following complaint from Scott Collignon. Can you
please respond with a summary of recent activities that have occurred at the
site in relation to the new access road, and also inform the Division of the
current status of your USFS access. Please be reminded that, according to
the December 12, 2011 Board Order, WMC "may not utilize the road for
vehicular access or to otherwise advance the mining operation until fully
approved by the Division..." The Division will need to approve as-built
certifications submitted subsequent to the completion of the work approved
through TR2, prior to WMC utilizing the new road to access the site.

Thank you,

Dustin Czapla

Division of Reclamation, Mining and Safety

Environmental Protection Specialist


---------- Forwarded message ----------
From: Lisa Giovanniello <eas...@frontier.net>
Date: Fri, Nov 30, 2012 at 9:46 AM
Subject: Wildcat Mining Citizen Complaint
To: Dustin Czapla <Dustin...@state.co.us>

Good Morning Dustin.

I spoke with you yesterday, 11/29, this is a follow up letter to voice my
complaint against Wildcat Mining's use of the illegal road for access to the
mining area. They were grading the illegal road and using a backhoe to move
rocks on that road. According to a conversation with my neighbor, Jim Olson
whos property is next to the access, noticed that this work was done. I did
see the backhoe working on the hill side by the portal with the metal
containers. Previously this backhoe was located in the mine yard and then
shortly thereafter on the hillside.

Please consider this a citizens complaint against Wildcat Mining using the
road for access.

Thank you for your time and would appreciate any follow up information.


Scott Collignon

4495 County Road 124

Hesperus, Co. 81326

Dustin Czapla

Environmental Protection Specialist

Division of Reclamation, Mining and Safety

101 South 3rd Street, Room 301

Grand Junction, CO 81501

Ph. (970) 243-6299 <tel:%28970%29%20243-6299>

Dustin Czapla

Environmental Protection Specialist

Division of Reclamation, Mining and Safety

101 South 3rd Street, Room 301

Grand Junction, CO 81501

Ph. (970) 243-6299

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