2009-10-02_GENERAL DOCUMENTS - M1981185 ‎(2)‎

• Permit No: M1981185
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 10/2/2009
• Doc Name: RTB Letter, Scheduling of Board hearing
• 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]
dP10/
Z,
2, 2009
Mr. Mike Clements
Wildcat Mining Corporation
3643 Baker Street
San Diego, CA 92117
RE: Reason To Believe a Violation Exists, Wildcat Mining Corporation, ?
Permit No. -1981-185, May Day Mine, Scheduling of Board Hearing
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
On September 3, 2009, the Division of Reclamation, Mining and Safety (Division) conducted an inspection
of the May Day Mine and found that an access road, which is located outside of the approved affected area
boundary, had been constructed and was being used for mine operations. The area affected by the road
construction is approximately one and seventy-nine hundredths (1.79) acre in size.
The Division believes this is in violation of the Colorado Mined Land Reclamation Act, specifically: C.R.S.
34-:32-109(1), for failure to first obtain a reclamation permit prior to engaging in a new operation, or C.R.S.
34-32-11.6(7)(h), for failure to protect areas outside of the affected land from slides or damage during the
mining and reclamation operation. Therefore, the Division has found reason to believe a violation exists to
the Law and has scheduled this matter before the Mined Land Reclamation Board (Board).
A Formal Board Hearing will be held during the November 12-13, 2009 Board meeting for consideration of
a possible violation. The hearing will be held at 1313 Sherman Street, Room 318, Denver, Colorado,
beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. At that hearing you will have
the opportunity to be represented and heard. It will be reiterated that there is reason to believe that you are in
violation of the provisions noted above.
If the Board finds a violation of C.R.S. 34-32-109(1), for failure to first obtain a reclamation permit prior to
engaging in a new operation, it may issue a Cease and Desist Order and assess a Civil Penalty in the amount
of $1,000 to $5,000 for each day of violation. If the Board finds a violation of C.R.S. 34-32-116(7)(h), for
failure to protect areas outside of the affected land from slides or damage during the mining and reclamation
operation, it may issue a Cease and Desist Order and assess a Civil Penalty in the amount of $50 to $200 for
each day of violation. If you have evidence indicating that the possible violation noted above does not exist.
or has been corrected, please provide it to the Division as soon as possible or bring it to the hearing.
Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's order
before it becomes final. If you wish to do so, you must provide the Board with a written request to review
the draft order prior to or at the time of your hearing, or you must inform the Board orally during the hearing
that you request to review the draft order. You must include your mailing address and, if possible, a fax or
email address. You will be provided a copy of the draft order for your review as soon as it is available. The
Board must receive yoUr com-ments on the draft order within ten (10) calendar- days of the data the, draft Ard
Office of Office of
Mined Land Reclamation Denver - Grand )unction - Durango Active and Inactive Mines