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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Violation No. MV- 2013 -037 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br />IN THE MATTER OF WILDCAT MINING CORPORATION'S FAILURE TO <br />COMPLY WITH A BOARD ORDER. File No. 1\1- 1981 -185 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />November 13, 2013 for a hearing to consider Wildcat Mining Corporation's <br />( "Operator') failure to comply with a Board order, permit number 1NI -1981 -185 <br />( "Permit "). Dustin Czapla and First Assistant Attorney General Jeff Fugate appeared <br />on behalf of the Division of Reclamation, Mining and Safety ( "Division "). George <br />Robinson. P.G. and Christopher J. Neumann, Esq. appeared on behalf of the Operator. <br />The Board, having considered the parties' presentations and testimony, and being <br />otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator had a 110(2) reclamation permit for a hard rock gold and <br />silver operation known as the May Day Mine, located in Section 28, Township 36 <br />North, Range 11 West, 10th Principal Meridian, La Plata County, Colorado. <br />2. At its November 9, 2011 meeting, the Board approved, subject to <br />corrective actions arising from past violations. the Operator's conversion <br />application, to convert the permit to a 112d -1 permit, concerning the May Day Mine <br />(file number M- 1981 -185), the Idaho Mill (file number M- 2006- 069), and the Idaho <br />Mine (file number M -2010 -003). The Board issued an order conditionally approving <br />the conversion application, effective December 12, 2011 ("December 2011 Order "). <br />The site is known as the May Day Idaho Mine Complex. <br />3. The December 2011 Order provides at page 5, paragraph 1, among <br />other things: <br />The Operator may not commence mining and milling activities until the <br />Division receives and approves, through the Technical Revision or <br />Amendment process as determined by the Division, a revised work plan <br />addressing the stabilization and reclamation of the new access road, and the <br />Division approves the as -built certifications submitted subsequent to the <br />completion of the approved plans. <br />