|
E. The December 2011 Order requires Wildcat to, among other things,
<br />conduct the necessary repair and stabilization work related to the access road, May
<br />Day 1 portal and the associated mill facility, and the Chief portal to ensure proper
<br />protection of public safety and the environment. In addition, the December 2011
<br />Order required Wildcat to gather surface and groundwater baseline information,
<br />submit updated mining and reclamation plans, provide design specifications
<br />certified by a professional engineer for all Environmental Protection Facilities, and
<br />submit an updated and accurate Exhibit L and financial warranty. Unfortunately,
<br />the December 2011 Order did not establish corrective action deadlines by which the
<br />conditions were to be completed.
<br />F. Wildcat has submitted and received either a full or a partial approval
<br />from the Division for: TR -01 addressing the May Day 1 portal, TR -02 addressing the
<br />access road, TR -04 addressing the May Day 2 portal, TR -05 addressing the Chief
<br />portal and associated drainage, and TR -06 addressing the revised mining and
<br />reclamation plans for operation without a mill,
<br />G. The Division believes that the access road, in its current unstable
<br />condition, presents the primary concern with regard to potential impacts on human
<br />health, safety, and the environment and that proper repair and stabilization of the
<br />access road is necessary to be protective of public safety and the environment. On
<br />May 23, 2012 the Division approved TR -02 authorizing the necessary repair and
<br />stabilization work to commence, Work did not commence on the access road during
<br />the 2012 construction season.
<br />H. As requested by the Division by letter dated May 31, 2013, on June 6,
<br />2013 Wildcat provided a written commitment to commence construction of the access
<br />road as soon as possible, and to complete the repair and stabilization work no later
<br />than September 30, 2013. By order dated July 17, 2013 the Board affirmed a
<br />stipulated agreement between the Parties that established a compliance deadline of
<br />September 30, 2013 for Wildcat to complete the approved repair and stabilization
<br />work on the access road.
<br />I. On September 30, 2013 the Division inspected the May Day Idaho Complex
<br />and observed that work had not yet commenced at the access road, therefore the road
<br />remained in an unstable condition, posing a risk to human health, safety, and the
<br />environment.
<br />J. On November 13, 2013 the Board held an enforcement hearing and found
<br />Wildcat in violation of the Mined Land Reclamation Act pursuant to section 34 -32 -124,
<br />C.R.S, for failure to comply with the July 17, 2013 Order (MV- 2013 -037). Additionally, the
<br />Board found that, in accordance with section 34- 32- 124(6)(a), C.R.S., permit number M-
<br />1981 -185 is suspended, and in accordance with section 34- 32- 118(1), C.R.S., the financial
<br />warranty in the amount of $204,562 is subject to forfeiture. Finally, the Board ordered a
<br />civil penalty in the amount of $44,000, due January 2, 2014.
<br />2
<br />
|