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CONCLUSIONS OF LAW <br />4. The Board has jurisdiction over this matter pursuant to §§ 34-32-104 through <br />107, and 124 of the Colorado Mined Land Reclamation Act, § 34-32-101 et seq. C.R.S. <br />(2009) ("Act"). <br />5. Pursuant to § 34-32-124(1), C.R.S., an Operator must comply with the <br />conditions of a permit. The Operator, by constructing a new portal that was not included in <br />the reclamation plan for permit number M-1981-185, is in violation of § 34-32-124(1), <br />C.R.S., for failing to comply with the conditions of a permit. <br />6. Pursuant to § 34-32-124(2)(a), C.R.S., the Board may issue a Cease and Desist <br />Order. <br />7. Because of the Operator's violation it is appropriate for the Board to assess a <br />penalty. Here, the Board could find 70 days of violation at $50 to $200 per day (from the <br />September 3 inspection to the November 12, 2009 hearing date), for a total possible penalty <br />of $3,500 to $14,000 pursuant to § 34-32-124(7), C.R.S. <br />ORDER <br />The Board finds the Operator in violation pursuant to § 34-32-124, C.R.S., for failing <br />to comply with the conditions of a permit. The Operator is ordered to cease and desist from <br />all mining-related activities, with the exception of relocating 5,000 cubic yards of ore <br />material from the underground stope to the portal pad at Level 1, including reclamation and <br />site maintenance, until the Operator has updated the reclamation permit, including submittal <br />of the appropriate financial warranty, through the appropriate permit modification process. <br />The permit modification must address all revised components of the mining operation <br />including, but not limited to, the new portal at the Level 1 area. <br />The Board also imposes the following corrective action: The Operator shall provide <br />all materials necessary, including the appropriate bond amount, to fully describe all major <br />components of the operation as required under Rule 6.3 of the Mineral Rules and <br />Regulations of the Colorado Mined Land Reclamation Board for Hard Rock, Metal and <br />Designated Mining Operations ("Hard Rock Rules") and incorporate them into the approved <br />reclamation permit within 60 days of the signature date of this Board Order. The corrective <br />action may be accomplished through either a technical revision or an amendment, whichever <br />is appropriate. <br />The Board also imposes against the Operator a civil penalty in the amount of $3,500, <br />based on 70 days of violation at $50 per day. All but $1,000 of the civil penalties are <br />suspended if the corrective actions are met. The unsuspended portion of the civil penalty, <br />$1,000, shall be submitted within 60 days of this Board Order's signature date. <br />Wildcat Mining Corp., May Day Mine <br />Failure to Comply with Conditions of a Permit 2 <br />M-1981-185, MV-2009-035