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BEFORE THE MINED LAND RECLAMATION BOARD <br /> STATE OF COLORADO <br /> FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER <br /> IN THE MATTER OF WILDCAT MINING CORPORATION'S APPLICATION TO <br /> CONVERT 110(2) PERMIT TO A 112D-1 PERMIT, File No. M-1981-185 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> November 9, 2011 for a hearing to consider the application of Wildcat Mining <br /> Corporation ("Operator") to convert permit number M-1981-185 from a 110(2) <br /> reclamation permit to a 112d-1 permit. Wally Erickson and Assistant Attorney <br /> General Jeff Fugate appeared on behalf of the Division of Reclamation, Mining and <br /> Safety ("Division"). Roger Tichenor, Randy Oser, George Robinson, P.G., Daniel <br /> Madruga, P.E., Bence Close, P.E., Penfield Tate, Esq. and Christopher J. Neumann, <br /> Esq. appeared on behalf of the Operator. Objecting parties, supporting parties, and <br /> timely commenting agencies who participated in the Board hearing and were <br /> previously identified in the approved Pre-hearing Order, included Scott Collignon, <br /> Lisa Giovanniello, Poppy Harshman, Phil Vigil, Gary Gibbons, and Lake Durango <br /> Water Authority, who was represented by Charlie Smith. Each objector, supporter, <br /> and commenter appeared on his, her, or its own behalf. <br /> The Board, having considered the parties' presentations and testimony, and <br /> being otherwise fully informed of the facts in the matter, enters the following: <br /> FINDINGS OF FACT <br /> 1. The Operator has 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, loth Principal Meridian. The 9.9-acre site is located outside <br /> the town of Mayday in La Plata County, Colorado. <br /> 2. The area addressed by the conversion application consists of the May <br /> Day Mine (file number M-1981-185), the Idaho Mill (file number M-2006-069), and <br /> the Idaho Mine (file number M-2010-003). <br /> 3. The Operator is subject to corrective actions arising from five <br /> violations regarding the May Day Mine and the Idaho Mill: <br /> a. Violation MV-2009-007 was issued March 11, 2009 for the Idaho <br /> Mill for failure to attain an approved permit prior to commencing a mining <br /> activity. The Operator constructed a new access road prior to including the <br /> road within an approved permit and thereby commenced an unpermitted <br /> mining operation. The Board (i) issued a cease and desist order; (ii) ordered <br />