2015-11-10_ENFORCEMENT - M1981185

• Permit No: M1981185
• IBM Index Class Name: Enforcement
• Doc Date: 11/10/2015
• Doc Name: Notice of Board Meeting Re: RTB
• From: DRMS
• To: Wildcat Mining
• Email Name: DMC
• Email Name: GRM
• Email Name: AJW
• Media Type: D
• Archive: No

BEFORE THE MINED LAND RECLAMATION BOARD
STATE OF COLORADO
IN THE MATTER OF WILDCAT MINING CORPORATION,MAY DAY-IDAHO MINE
COMPLEX,PERMIT No.M-1981-185.
DIVISION OF RECLAMATION,MINING,AND SAFETY AND WILDCAT MINING
CORPORATION STIPULATED AGREEMENT
THIS AGREEMENT("Agreement")is made and entered into by and between the
Colorado Division of Reclamation,Mining and Safety('Division") and Wildcat Mining
Corporation("Wildcat") (jointly as"Parties"). Undersigned counsels submit this agreement
for consideration by the Mined Land Reclamation Board("Board").In support of their
Agreement,the Division and Wildcat state the following;
Recitals
A. On January 9, 2009 the Division issued a cease and desist order to Wildcat
regarding the construction of an illegal mine access road at the Idaho Mill site. At the
February 11, 2009 enforcement hearing the Board found a violation(MV-2009-007) and
ordered Wildcat to"provide all materials necessary to secure the proper permit to address
the impacts related to the construction of the illegal mine access road within 180 days of
the signature date of the Board order." The order was signed March 11, 2009.
B. Subsequent enforcement hearings were held by the Board and resulted in the
finding of four additional violations. On December 10, 2009 Wildcat was found in Violation
for 1)failure to comply with a Board ordered cease and desist by continuing to use the
illegal access road to advance the mining operation(MV•2009.033)and 2)for the
construction of an unpermitted portal at the May Day 1 (MV-2009-036). In March 2010
Wildcat was found in violation for constructing an unpermitted mill within the illegal May
Day portal(MV•2010-001).In July 2010 Wildcat was found in violation for the construction
of a second unpermitted portal, known as the Chief portal(MV-2010.020).
C. In an effort to resolve outstanding violations and bring the Idaho Mill Site
and the May Day Mine Site into compliance,the parties entered into a settlement
agreement, affirmed by the Board on July 28, 2010, requiring Wildcat file a conversion
application to encompass and provide adequate reclamation plans for all affected lands,
including the illegal access road,the illegal May Day 1 portal,the illegal mill, and the
illegal Chief portal. The illegal access road's unstable condition remained the primary
concern for the Division.Wildcat submitted the conversion application to the Division on
September 30, 2010.
D. On December 12, 2011,the Board issued Findings of Fact, Conclusions of
Law, and Order,('December 2011 Order'),wherein the Board approved a heavily
conditioned 112d conversion application,
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