2009-09-25_ENFORCEMENT - M1981185

• Permit No: M1981185
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 9/25/2009
• Doc Name: Withdrawal of Cease & Desist Order
• From: DRMS
• To: Wildcat Mining Corporation
• Email Name: WHE
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
September 25, 2009
Mike Clements
Wildcat Mining Corporation
3643 Baker Street
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SEP L 8 2009 •
Division of Kaclarrigon,
Mike Clements Mining and Safety
Wildcat Mining Corporation
108 Linda Ct.
San Diego, CA 92117 Durango, CO 81301
RE: Withdrawal of Cease and Desist Order Issuedd September 11, 2009,
May Day Mine, Permit No. M-1981-185/nd Idaho Mill, File No. M-2006-069.
Dear Mr. Clements:
COLORADO
D I V I S I ON OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
During a recent inspection of the Idaho Mill and May Day Mine the Division observed that Wildcat was
utilizing the unpermitted access road, subject of Violation MV-2009-007; to support the mining operation
at the May Day Mine. On September 11, 2009, this Office issued a Cease and Desist Order, ordering the
cessation of the use of the unpermitted road to support mining activities at the May Day Mine. The
September 11th Cease and Desist Order was mailed to Wildcat's address in San Diego, California, by
Certified Mail No. 70070710000089533651.
After further review of the Act and Rules, the Office has determined that the September 11th Cease and
Desist Order may be in conflict with the requirements of Rule 3.3.1(2). Therefore, the Office has
withdrawn its Cease and Desist Order, issued September 11, 2009.
However, a previous Cease and Desist Order issued January 9, 2009, remains intact. The Office believes
that use of the unpermitted road to support any mining activity, even at the May Day Mine, is a possible
violation of the January 9th Cease and Desist Order and the conditions of Violation MV-2009-007. The
Office has scheduled the possible violation for consideration by the Colorado Mined Land Reclamation
Board, to occur during the November 12 -13, 2009 Board meeting. Official notice of the possible
violation and details of the November 12 -13, 2009 Board Hearing will follow under separate mailing.
Please contact me at the Division's office in Durango at 691 County Road 233, Suite A-2, Durango, CO
81301, phone [phone], if you have any questions.
S=?-E?11
Wallace H. Erickson
Environmental Protection Specialist
cc by electronic transfer: David Berry, DRMS,
Steve Shuey, DRMS, and
Jeff Fugate, AGO
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines