Silver Plume trustees raise alarm after unauthorized road cuts through Mountain Park; officials warn of water contamination risk

The Silver Plume Board of Trustees spent a substantial portion of its Nov. 11 meeting addressing a newly excavated, unauthorized road through Silver Plume Mountain Park and adjacent private parcels that trustees say has disturbed mine tailings and could threaten downstream water quality.

Town Clerk (name not provided) told trustees the County Trails Department produced a detailed map and photos showing the established 7:30 trail and a separate, freshly cut dotted road that crosses both Mountain Park land and privately held Taylor Kennedy trust parcels. Jon Butcher of the County Trails Department contributed the mapping data, the clerk said, and the parcel colors on the map show the illegal road traverses public park land and private trust land.

Trustee Martin "Marty" Gitlin, who said he had been on-site when deputies initially responded, warned of environmental risk. "It's going to poison our water. It will poison our water," Gitlin said, noting that tailings displaced on steep slopes could wash downslope in spring runoff.

The clerk said the cut road is roughly a quarter-mile long and included fresh excavation of mine tailings, and she reported seeing a trailer delivering an ATV and a small excavator to the site. The board viewed photos showing deep cuts through tailings and survey markers; the clerk said the operator built a shanty and stored lumber where those structures did not sit on the operator's own recorded claim.

Local and state agencies are reviewing the incident. Trustee Marty and the clerk reported speaking with Jeremy Reinke of the Division of Reclamation, Mining and Safety (DRMS), who connected them with Russ Means, DRMS' active mines program director; DRMS staff told the town there are no active mining permits for the parcels in question. The clerk also said she contacted the Colorado Department of Public Health and Environment and the EPA because the mountain is within a Superfund site and the disturbance of mine tailings raises potential public-health concerns.

The Clear Creek County sheriff's office responded initially, the clerk said, and told on-site residents the matter was civil, but the town is awaiting the full written sheriff's report before agencies proceed. Trustee Gitlin urged the town to request an addendum to the sheriff's report because he believes the facts may indicate potential criminal violations, including altering a public trail without authorization and moving mine tailings without permits.

Property owner Eli Josephs left a voicemail for the town attorney saying he was "doing some routine excavation on his property," the clerk said; the town attorney was surprised by the call, the clerk added. The clerk also said the town has received a drone image showing a full-size vehicle and trailer accessing the trail.

Trustees discussed short-term measures to prevent further motorized access, including placing a vehicle gate at the trailhead; they preferred this over blocking the trail with boulders. The town and other agencies are awaiting the sheriff's report before pursuing enforcement or remediation. The clerk said the state and county have signaled they will review the law-enforcement findings before taking action.

The board approved an appointment to the Silver Plume Mountain Parks Commission during the same discussion (Randall McDonald), but took no formal enforcement action at the meeting beyond documenting the incident and requesting records.

Next steps: trustees said they will continue to press for the sheriff's written report and additional agency determinations before deciding on legal or remediation steps.