2009-12-10_ENFORCEMENT - M1981185 (2)

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