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Ferguson also appeared at the hearing by telephone. Supporting parties and non- <br /> parties appearing at the hearing in person included party Gary Gibbons. <br /> 23. In CN-01, as amended, the Operator delineated a permit and affected <br /> land boundaries, addressed protection of off-site man-made structures, committed <br /> to fully addressing all adequacy issues through follow-up technical revisions or <br /> amendments, and agreed to defer all mining and milling activities until all <br /> adequacy issues have been resolved. The Board prefers that the Operator address <br /> adequacy issues through amendments. <br /> 24. The Division determined that CN-01, as amended, is in compliance <br /> with the requirements of section 34-32-115(4), C.R.S. On October 24, 2011, the <br /> Division issued its written recommendation and rationale for partial approval of <br /> CN-01 with conditions. <br /> 25. Partial approval of CN-01 with conditions is necessary to give the <br /> Operator the ability to address adequacy issues identified by the Division; to allow the <br /> Operator to access the new access road and Chief Portal; conduct geotechnical work at <br /> the May Day 1, Chief Portal, and at the new access road; clean up the May Day 1 <br /> portal to assess damage; and gather information for future work plans; and gather <br /> baseline information through the installation of groundwater monitoring wells. <br /> CONCLUSIONS OF LAW <br /> 26. The Board has jurisdiction over the Operator and this matter pursuant <br /> to the Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. ("Act"). <br /> 27. Under the Act, the Division and the Board shall grant a permit to an <br /> operator who complies with section 34-32-115(4), C.R.S. CN-01, as amended, <br /> minimally complies with section 34-32-115(4), C.R.S. <br /> ORDER <br /> The Board AFFIRMS the recommendation of the Division of Reclamation, <br /> Mining and Safety to partially approve with conditions the application to convert <br /> permit number M-1981-185 from a 110(2) permit to a 112d-1 permit. The permit <br /> conditions recommended by the Division and affirmed by the Board as enforceable <br /> provisions of permit M-1981-185 are as follows: <br /> 1. The Operator may not commence mining and milling activities until the <br /> Division receives and approves, through the Technical Revision or Amendment <br /> process as determined by the Division, a revised work plan addressing the <br /> stabilization and reclamation of the new access road, and the Division approves the <br /> as-built certifications submitted subsequent to the completion of the approved plans. <br /> Wildcat Mining Corporation <br /> May Day Idaho Mine/M-1981-185 5 <br />