|
STATE OF COLO
<br />DIVISION OF RECLAMATION, MINING AND SAFETY
<br />Department of Natural Resources
<br />1313 Sherman St., Room 215
<br />Denver, Colorado 80203
<br />Phone: (303) 866 -3567
<br />FAX: (303) 832 -8106
<br />December 18, 2009
<br />COLORADO
<br />DIVISION Of
<br />RECLAMATION
<br />MINING
<br />SAFETY
<br />Bill Ritter, Jr.
<br />Governor
<br />Re: Reason To Believe a Violation Exists, Wildcat Mining Corporation, Permit No. M -1981-
<br />185, May Day Mine, Scheduling of Board Hearing
<br />Dear Mr. Clements:
<br />On November 24, 2009, the Division of Reclamation, Mining and Safety (Division) conducted an
<br />inspection of the May Day Mine site and found that a new unpermitted milling facility was being
<br />constructed.
<br />Pursuant to C.R.S. 34 -32- 124(1), The Division believes this is in violation of the Colorado Mined
<br />Land Reclamation Act for failure to comply with the permit conditions of Reclamation Permit No. M-
<br />1981 -185. Therefore, the Division has found reason to believe a violation exists to the Law and has
<br />scheduled this matter before the Mined Land Reclamation Board (Board).
<br />A Formal Board Hearing will be held during the February 10 -11, 2010 Board meeting for
<br />consideration of a possible violation. The hearing will be held at 1313 Sherman Street, Room 318,
<br />Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. At
<br />that hearing you will have the opportunity to be represented and heard. It will be reiterated that there
<br />is reason to believe that you are in violation of the provisions noted above.
<br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and assess a Civil
<br />Penalty in the amount of $50 to $200 for each day of violation. If you have evidence indicating that
<br />the possible violation noted above does not exist or has been corrected, please provide it to the
<br />Division as soon as possible or bring it to the hearing.
<br />Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's
<br />order before it becomes final. If you wish to do so, you must provide the Board with a written request
<br />to review the draft order prior to or at the time of your hearing, or you must inform the Board orally
<br />during the hearing that you request to review the draft order. You must include your mailing address
<br />and, if possible, a fax or email address. You will be provided a copy of the draft order for your review
<br />as soon as it is available. The Board must receive your comments on the draft order within ten (10)
<br />calendar days of the date the draft order is mailed, unless that deadline is extended. Please note that
<br />the Division of Reclamation, Minina and Safety has requested and will be allowed to review and
<br />comment on the draft Board Order prior to mailin to o an yparty. Submit all comments in writing to
<br />Ms. Jillian Allison, Assistant Attorney General, 1525 Sherman Street, Denver, Colorado 80203, or
<br />Office of Office of
<br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
<br />Harris D. Sherman
<br />Mr. Mike Clements
<br />Executive Director
<br />Wildcat Mining Corporation
<br />Ronald W. Cattany
<br />108 Linda Court
<br />Division Director
<br />Durango, CO 81301
<br />Natural Resource Trustee
<br />Re: Reason To Believe a Violation Exists, Wildcat Mining Corporation, Permit No. M -1981-
<br />185, May Day Mine, Scheduling of Board Hearing
<br />Dear Mr. Clements:
<br />On November 24, 2009, the Division of Reclamation, Mining and Safety (Division) conducted an
<br />inspection of the May Day Mine site and found that a new unpermitted milling facility was being
<br />constructed.
<br />Pursuant to C.R.S. 34 -32- 124(1), The Division believes this is in violation of the Colorado Mined
<br />Land Reclamation Act for failure to comply with the permit conditions of Reclamation Permit No. M-
<br />1981 -185. Therefore, the Division has found reason to believe a violation exists to the Law and has
<br />scheduled this matter before the Mined Land Reclamation Board (Board).
<br />A Formal Board Hearing will be held during the February 10 -11, 2010 Board meeting for
<br />consideration of a possible violation. The hearing will be held at 1313 Sherman Street, Room 318,
<br />Denver, Colorado, beginning at 9:00 a.m. or as soon thereafter as the matter can be considered. At
<br />that hearing you will have the opportunity to be represented and heard. It will be reiterated that there
<br />is reason to believe that you are in violation of the provisions noted above.
<br />If the Board finds a violation at this hearing, it may issue a Cease and Desist Order and assess a Civil
<br />Penalty in the amount of $50 to $200 for each day of violation. If you have evidence indicating that
<br />the possible violation noted above does not exist or has been corrected, please provide it to the
<br />Division as soon as possible or bring it to the hearing.
<br />Following the hearing, all parties have an opportunity to review and comment on a draft of the Board's
<br />order before it becomes final. If you wish to do so, you must provide the Board with a written request
<br />to review the draft order prior to or at the time of your hearing, or you must inform the Board orally
<br />during the hearing that you request to review the draft order. You must include your mailing address
<br />and, if possible, a fax or email address. You will be provided a copy of the draft order for your review
<br />as soon as it is available. The Board must receive your comments on the draft order within ten (10)
<br />calendar days of the date the draft order is mailed, unless that deadline is extended. Please note that
<br />the Division of Reclamation, Minina and Safety has requested and will be allowed to review and
<br />comment on the draft Board Order prior to mailin to o an yparty. Submit all comments in writing to
<br />Ms. Jillian Allison, Assistant Attorney General, 1525 Sherman Street, Denver, Colorado 80203, or
<br />Office of Office of
<br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
<br />
|