2009-11-02_ENFORCEMENT - M1981185

• Permit No: M1981185
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 11/2/2009
• Doc Name: Enforcement hearing documents forwarded to MLRB
• 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 C O L O LA
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Phone: [phone] D
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RECLAMATION
FAX: [phone] MIN I N G

DATE: October 28, 2009 SAFETY
Bill Ritter, Jr.
TO: Mined Land Reclamation Board Members Governor
Harris D. Sherman

FROM: Wally Erickson, DRMS, Durango Field Office Executive Director
Ronald W.Cattany
Division Director
RE: Supporting Documents for Two Enforcement Hearings, Natural Resource Trustee
November 12-13, 2009 Board Meeting,
(1) Consideration of Possible Violation for Failure to Comply with Permit Conditions,
(2) Consideration of Possible Violation for Failure to Obtain a Reclamation Permit Prior
to Engaging in a Mining Operator OR Failure to Protect Off Site Areas From Damage,
May Day Mine, Permit No. M-1981-185.
The Office has scheduled two possible violations for the May Day Mine for consideration by the Board
during the November 2009 Board Meeting. The first possible violation, failure to comply with permit
conditions, is independent of the proceedings for the Idaho Mill. However, the second possible violation
involves an unpermitted access road, subject of Violation MV-2009-007. Violation MV-2009-007 was
previously issued to the.ldaho Mill. Wildcat Mining Corporation is the Applicant for the Idaho Mill and the
Permittee/Operator of the May Day Mine.
During the November 2009 Board Meeting the Board will consider the Idaho Mill amended application. If
the Board denies the amended application for the Idaho Mill the unpermitted road will not be addressed
by any reclamation plan. In that event, the second possible violation at the May Day Mine provides
opportunity for the Board to ensure that the unpermitted access road be addressed by the reclamation
plan for the May Day Mine.
Please find enclosed, copy of the following four documents:
DRMS inspection report generated from the September 3, 2009 inspection of the May Day Mine,
signed September 30, 2009;
2. Reason To Believe a Violation Exists, dated October 2, 2009, for failure to comply with permit
conditions;
3. Reason To Believe a Violation Exists, dated October 2, 2009, citing 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. 34-32-116(7)(h),
for failure to protect areas outside of the affected land from slides or damage during the mining
and reclamation operation; and
4. DRMS, Compliance with Rule 1.16, Change of Address, dated October 21, 2009.
Office of Office of
Mined Land Reclamation Denver • Grand Junction Durango Active and Inactive Mines