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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 THE REQUEST FOR EXTENSION OF TIME TO <br /> COMPLETE CORRECTIVE ACTION BY WILDCAT MINING CORPORATION, <br /> File No. M-1981-185 <br /> THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br /> June 22, 2016, in Denver, Colorado for an enforcement hearing to consider the <br /> request for an extension of the deadline to complete corrective action by Wildcat <br /> Mining Corporation ("Operator"), file number M-1981-085. First Assistant Attorney <br /> General Jeff Fugate, Russ Means, and Tony Waldron appeared on behalf of the <br /> Division of Reclamation, Mining and Safety ("Division"). Chris Neumann, Esq. and <br /> George Robinson appeared on behalf of the Operator. <br /> The Board, having considered the presentations of the parties and being fully <br /> informed of the facts in this matter, hereby enters the following: <br /> FINDINGS OF FACT <br /> 1. At its regular meeting on December 16, 2015, the Board held an <br /> enforcement hearing to consider a possible violation by Operator, civil penalties, <br /> permit revocation, and forfeiture of financial warranty for failure to comply with the <br /> conditions of a Board order, permit number M-1981-185. The Board tabled the <br /> matter to its January 27, 2016, regular meeting for the stated purpose of allowing <br /> Operator an opportunity to prepare a response to the Board's inquiry into <br /> Operator's financial ability to compete corrective actions and progress toward <br /> completing the corrective actions. <br /> 2. At its regular meeting on January 27, 2016, the Board held an <br /> enforcement hearing to consider Operator's financial ability to complete the corrective <br /> actions ordered by the Board in its order effective December 12, 2011, ("December 2011 <br /> Order"), its February 21, 2014, Order, and Operator's progress toward completion of <br /> the corrective actions. During the January 27, 2016, hearing the parties presented an <br /> agreement for settlement of this matter, which the Board approved. <br /> 3. The Board issued an order dated March 3, 2016 ("March 2016 Order"). <br /> In the March 2016 Order, the Board found that the Operator was in violation of <br /> section 34-32-124(6)(a), C.R.S. for failure to comply with the conditions of its permit <br /> by failing to comply with the conditions of a Board order, specifically the Board <br /> order signed and effective February 21, 2014, requiring Operator to complete all <br />