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 W-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$204,662 is subject to forfeiture.Finally,the Board ordered a
<br /> civil penalty in the amount of$44,000, due January 2, 2014.
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