2009-09-11_ENFORCEMENT - M1981185

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q //-oq 14 -11 !'l - m -v t -rot" ,DIVISION OF RECLAMATION, MINING AND SAFETY CEASE AND DESIST ORDER G,-? Operator/Company Name: -t&", Wildcat Mining Corp. Mike Clements 3643 Baker St. San Diego, CA 92117 Phone: (858) 483-4808 Location: May Day/Idaho Mill Access Road Sec. 28, T36N, RI I W (10th P.M.) La Plata County 'Fer:® SEP 17 2009 Divisian of Reclans 1o, Mining and Safety (Distance and direction from nearest city) 4.3 miles north of Hesperus CO (Operation Type) 110(2) (Commodity Mined) Silver & Gold The Division of Reclamation, Mining and Safety ("the Division") has conducted an inspection of the above- referenced operation and has determined that you are or appear to be: X conducting a mining operation without a permit in violation of C.R.S. 34-32-109(1), or C.R.S. 34-32.5-109(1) conducting prospecting or exploration without having filed a notice of intent to conduct prospecting or exploration operations as required by C.R.S. 34-32-113(1), or C.R.S. 34-32.5- 113(1) Whenever an operator fails to obtain a valid permit or file a Notice of Intent to Conduct Prospecting or Exploration, the Board or Division may issue an immediate cease and desist order (C.R.S 34-32-123 and 34- 32.5-123). Concurrently with the issuance of such an order, the Board or Division may seek a restraining order or injunction (C.R.S 34-32-123 and 34-32.5-123). Sections 34-32-123(2) and (3), C.R.S. (Colorado Mined Land Reclamation Act) and 34-32.5-123(2) and (3), C.R.S (Colorado Land Reclamation Act for the Extraction of Construction Materials) also provide for imposition of civil penalties. Both statutes provide a civil penalty of $1,000 to $5,000 per day for mining without a permit and $50 to $200 per day for prospecting or exploration without having filed a notice to conduct such activity and for hard rock limited impact mining operations without a permit that are regulated under C.R.S. 34-32-110 for each day the land has been affected for up to a maximum of 60 days. For unpermitted construction material mining operations, the civil penalty may be imposed for each day the land has been affected for up to a maximum of 365 days (C.R.S. 34-32.5-123(2)). Under the authority vested in the Division by C.R.S. 34-32-123(1) and C.R.S. 34-32.5-123(1), you are hereby ordered to immediately cease and desist all mining, prospecting, and exploration activities other than those required to prevent damage to off-site areas or protect the public health and safety. The Division will send a report of its inspection within 10 days. You will also receive a 30-day advance notice, by Certified Mail, of a hearing to be held before the Mined Land Reclamation Board to consider the above described possible violation. Company/Operator Representative: (Signature of Person Served) (Please print name)