2009-09-30_INSPECTION - M1981185

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(Page 2) MINE ID # OR PROSPECTING ID # M-1981-185 INSPECTION DATE 9/3/09 OBSERVATIONS INSPECTOR'S INITIALS WHE This inspection occurred in response to a citizen's complaint submitted by Lisa Giovanniello, dated August 28, 2009 and received by the Division on August 31, 2009. Copy of the complaint from Ms. Giovanniello was forwarded to Wildcat Mining Corporation (the Operator) in accordance with Rule 1.7.1(3). Ms. Giovanniello raised issues at the Idaho Mill, M-2006-069, and the May Day Mine, M-1981-185. This report is limited to observations for the May Day Mine. Observations specific to the Idaho Mill operation are recorded in a separate report for that operation. This report is accompanied by copy of the complaint from Ms. Giovanniello, five photos, and an updated reclamation cost estimation totaling $38,209. This report identifies two problems and two possible violations which require timely corrective action from the Operator. Details of these problems and possible violation are provided herein. Corrective actions and the deadlines whereby such corrective actions must be completed appear on pages five and six of this report. The May Day Mine is approved for 9.9 acres permit area, which includes 3.44 acres at the Level 1 portal, 3.31 acres at the Level 2 portal and 3.14 acres at the Level 3 (Lamb) portal. All three portals pre-date the permit. Pre- permil: activities included the excavation of extensive underground workings and end-dumping of waste rock materials at each of the portal openings. Topsoil was not salvaged during the pre-permit activities and appears not available for reclamation purposes. The reclamation plan and warranties address closure of these three portals and stabilization of the associated waste rock stockpiles. The three areas of the permit are not contiguous but are joined by historic access roads which pre-date the permit and were not included within the permit boundary. As shown in the photos and discussed below, operations were active at the Level 1 and Level 2 portal areas. The Level 3 (Lamb) area was not inspected. Level 2: Area - Rock fall had been cleared from the Level 2 portal. Recently removed rock fall material had been stockpiled along the north side of the entry. The cut slope for the portal exposed some loosely consolidated strata which appear to generate an abundance of rock fall. Two steel. containers and small stockpiles of steel (- beams and timbers were located nearby the portal. No portal discharge was observed. Permit documents indicate National Pollutant Discharge Elimination System (NPDES) permit CO-0036781 had been issued by the Colorado Department of Public Health and Environment, Water Quality Control Division, for the operation. Level 1 Area - A crew of four or five workers were driving a new portal and constructing a covered entry for the new portal. The new portal was estimated at 15 feet wide and 20 feet high. The Operator indicated that the protective cover would extend approximately 100 feet from the rock face. The covered entry was being constructed from arched steel I-beams and will be covered by a skin of sheet steel welded to the I-beams. The new portal intersected the workings for the old portal approximately 50 feet inby the new opening. The old portal was clear and functional, and was sheltered by a timber shed. No portal discharge was observed from either portal at Level 1. The new portal at Level 1 is not addressed by the existing mine plan, reclamation plan or financial warranty. The Operator has not demonstrated that such portal is compliant with the performance standards of Rule 3.1, as required under Rules 6.3.2, 6.3.3 and 6.3.4. The existing permit does not explain the measures to be taken to reclaim this new portal in accordance with the requirements of C.R.S. 34-32-116, as required under C.R.S. 34-32- 110(2)(a)(IX) and C.R.S. 34-32-115(4)(g). The Division has imposed a 60 day deadline bywhich the Operator must