2014-08-07_ENFORCEMENT - M1981185

• Permit No: M1981185
• IBM Index Class Name: Enforcement
• Doc Date: 8/7/2014
• Doc Name: EPA Comments
• From: EPA
• To: Wildcat Mining Corporation
• Email Name: KAP
• Media Type: D
• Archive: No

4
JC�coStq)� UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 8
1595 Wynkoop Street
C +i11fr/►o: DENVER, CO 80202-1129 2014 tUG -4 AN 10: 4 1
yr'+,aao�co Phone [phone]
http://www.epa.gov/regionO8
AUG 01 2014
r .
Ref: 8ENF-W
CERTIFIED MAIL#7008 3230 0003 0726 0153 G
RETURN RECEIPT REQUESTED G, p
Varca Ventures, Inc.
c/o National Registered Agents, Inc. 1/ G
1000 East William Street, Suite 204 Au 1d O po
Carson City, Nevada 89701 pecan o{Recta ty
pivcM ng aid 5a
CERTIFIED MAIL# 7008 3230 0003 0726 0160
RETURN RECEIPT REQUESTED
)N Wildcat Mining Corporation
c/o National Registered Agents, Inc.
1535 Grant Street
Denver, Colorado 80203
Re: Notice of Violation of Administrative Order for Compliance, Docket No. CWA-08-2012-0011
Dear Madam or Sir:
On April 9, 2012, the United States Environmental Protection Agency(EPA) issued each of you
(Varca Ventures, Inc. and Wildcat Mining Corporation) an Administrative Order for Compliance
(Order), under the authority of section 309(a) of the Clean Water Act(CWA), 33 U.S.C. § 1319(a). The
Order made findings that you had discharged or fill material into Little Deadwood Gulch, the LaPlata
River, and adjacent wetlands on property owned, leased, and/or otherwise controlled by you at the May
Day Idaho Mine Complex property in LaPlata County, Colorado (Site), without a permit from the
United States Army Corps of Engineers (Corps), in violation of the CWA. The Order directed you to
terminate all discharges of dredged or fill material into waters of the United States without a valid
permit from the Corps. The Order also directed you to submit a restoration and compliance plan to the
EPA for the EPA's review, comment, and approval.
On April 26, 2013, your attorney, Christopher Neumann, submitted a draft restoration and compliance
plan to the EPA. The plan had been prepared by David Mehan of Bikis Water Consultants. The EPA and
the Corps provided comments on the draft plan and requested that you finalize the plan to address the
comments. The EPA also participated in several meetings with Mr. Neumann regarding a proposed
settlement of this matter, including an administrative order on consent incorporating the revised plan.
Over the course of the EPA's and the Corps's communications with you and your attorney, the EPA and
Corps repeatedly stated that no additional discharges of dredge or fill material were authorized absent a
valid permit from the Corps.