2009-12-10_ENFORCEMENT - M1981185

• Permit No: M1981185
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 12/10/2009
• Doc Name: Finding of facts, conclusions of Law and Board Order
• From: DRMS
• To: Wildcat Mining Corp
• Violation No.: MV-2009-035
• Email Name: WHE
• Media Type: D
• Archive: No

BEFORE THE MINED LAND RECLAMATION BOARD
STATE OF COLORADO
Notice of Violation No. MV-2009-035
FINDINGS OF FACT, CONCLUSIONS OF LAW AND BOARD ORDER
IN THE MATTER OF WILDCAT MINING CORPORATION'S POSSIBLE NOTICE OF
VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL
PENALTIES FOR FAILING TO COMPLY WITH THE CONDITIONS OF A PERMIT,
File No. M-1981-185
THIS MATTER came before the Mined Land Reclamation Board ("Board") on
November 12, 2009, in Denver, Colorado for a hearing to consider a possible violation,
Cease and Desist Order, corrective actions, and civil penalties for failing to comply with the
conditions of a permit. The file number is M-1981-185. Mike Clements and Christopher
Neumann, Esq. appeared on behalf of Wildcat Mining Corp. ("Operator"). Wally Erickson
and Assistant Attorney General Jeff Fugate appeared on behalf of the Division of
Reclamation, Mining and Safety ("Division").
The Board, having considered the parties' presentations and having been otherwise
fully informed of the facts in the matter, enters the following:
FINDINGS OF FACT
1. The Operator has a Section 110(2) reclamation permit for an underground hard
rock gold and silver mine known as the May Day Mine, located in Section 28, Township 36
North, Range 11 West, 10th Principal Meridian. The 9.9-acre site is located outside of the
town of Mayday, in La Plata County, Colorado.
2. In advance of the hearing on this matter, the Division and the Operator reached
an agreement. This matter was one of four matters involving the Operator on the Board's
Agenda for November 12, 2009. The Operator admits that it is operating in violation of its
permit and agrees to the corrective actions described below.'
3. The Operator constructed a new unpermitted portal adjacent to one of the
permitted portals at the May Day Mine, which was discovered during a Division inspection
on September 3, 2009. The new portal is not addressed by the existing mine plan,
reclamation plan or financial warranty.
1 At the beginning of the hearing, the Division withdrew the remaining item for the May Day Mine from the Board's
Agenda regarding a possible violation for failing to obtain a reclamation permit prior to engaging in a mining
operation, or failing to protect off site areas from damage.
Wildcat Mining Corp., May Day Mine
Failure to Comply with Conditions of a Permit
M-1981-185, MV-2009-035