2016-07-12_ENFORCEMENT - M1981185

• Permit No: M1981185
• IBM Index Class Name: Enforcement
• Doc Date: 7/12/2016
• Doc Name: Board ‎(MLRB)‎ Order
• From: DRMS
• To: Wildcat Mining Corpooration
• Email Name: LJW
• Email Name: GRM
• Media Type: D
• Archive: No

outstanding corrective actions set forth in the December 2011 Order. The Board
ordered that the Operator commence repair and stabilization related to all
outstanding corrective actions as set forth in the December 2011 Order no later
than May 15, 2016. Required work specifically included the following tasks
reflected in paragraphs 2, 3, and 4 of the December 2011 Order:
• May Day 1 portal stabilization and maintenance;
• stabilization of the Chief Portal and the access road
immediately above;
• reclamation of Little Deadwood Gulch at the May Day 2 and
Chief Portal; and
• initiate all water quality characterization, monitoring and
reporting as required under Rule 6.4.21(8), (9) and (11) for a
Designated Mining Operation.
4. The Board's March 2016 Order also required water quality
characterization sampling to begin no later than June 15, 2016, with the first
quarter report due to the Division within 30 days of receipt of analytical data
reports. The Board ordered that Operator complete the required work outlined
above in paragraph 3 and set forth in the December 2011 Order no later than
July 1, 2016.
5. On June 10, 2016, the Division received a written request from the
Operator to be added to the Board's June 22, 2016, Board meeting agenda so that
Operator could request that the Board grant additional time to comply with the
corrective action in the March 2016 Order.
6. At the June 22, 2016, hearing, the Operator requested an extension
until October 15, 2016, to complete all required corrective action in the March 2016
Order. As grounds for the extension the Operator testified that the U.S. Army
Corps of Engineers requires a study before granting the Operator a permit for a
culvert that is needed as part of the reclamation of Little Deadwood Gulch at the
May Day 2 and Chief Portal. The Division objected to the extent of the request and
argued that the extension should be limited to the deadline for the Operator to
complete reclamation of Little Deadwood Gulch. The Division argued that the
study required by the U.S. Army Corps of Engineers does not impact the Operator's
ability to complete the remaining required corrective actions.
CONCLUSIONS OF LAW
7. The Board has jurisdiction over this matter pursuant to the Colorado
Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. (2013).
Wildcat Mining Corporation
May Day Idaho Complex/1VI-1981-185 2