2009-12-17_INSPECTION - M1981185

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(Page 2) MINE ID # OR PROSPECTING ID # M- 1981 -185 INSPECTION DATE 11/24/09 OBSERVATIONS INSPECTOR'S INITIALS WHE This inspection occurred in response to a citizen's complaint submitted by Amy Aweida, dated October 7, 2009 and received by the Division on October 28, 2009. Ms. Aweida raised issues at the Idaho Mill, M- 2006 -069, and the May Day Mine, M- 1981 -185. This report is limited to observations for the May Day Mine. Observations specific to the Idaho Mill operation are recorded in a separate report for that operation. This report is accompanied by copy of the complaint from Ms. Aweida, eight photos, and an updated reclamation cost estimation totaling $148,329. This report identifies one problem and one possible violation of law occurring at the permitted operation. Details of the problem and possible violation are provided herein. Corrective actions and the deadlines whereby such corrective actions must be completed appear on page five of this report. On November 12, 2009, the Colorado Mined Land Reclamation Board (Board) found Wildcat Mining Corporation (Operator) in violation of the conditions of Permit M- 1981 -185 (Violation MV- 2009 -035). The violation occurred when the Operator constructed a new portal at the Level 1 area prior to updating the permit and financial warranty to address the new portal. Violation MV- 2009 -035 was signed and issued December 10, 2009. The Cease and Desist Order for Violation MV- 2009 -035 prohibits all mining related activities, including reclamation and site maintenance, with the exception of relocating 5,000 cubic yards of ore materials from an underground stope to the portal pad at the Level 1 area. The Cease and Desist Order shall remain in effect until the Operator has updated the permit through the appropriate permit modification process. The Board ordered the Operatorto provide all materials necessary to fully describe all major components of the operation, as required under Rule 6.3, and incorporate them into the approved permit within 60 days of the signature date of the Order. The May Day Mine is approved for 9.9 acres permit area, which includes 3.44 acres at the Level 1 portal, 3.31 acres at the Level 2 portal and 3.14 acres at the Level 3 (Lamb) portal. All three portals pre -date the permit. Pre - permit activities included the excavation of extensive underground workings and end - dumping of waste rock materials at each of the portal openings. Topsoil was not salvaged during the pre - permit activities and appears not available for reclamation purposes. The reclamation plan and warranties address closure of these three portals and stabilization of the associated waste rock stockpiles. The three areas of the permit are not contiguous but are joined by historic access roads which pre -date the permit and were not included within the permit boundary. As shown in the photos and discussed below, recent activity had occurred at the Level 1 and Level 2 portal areas. The Level 3 (Lamb) area was not inspected. Unapproved Access Road - While walking into the site from County Road 124, the inspector encountered mine personnel on the unapproved access road. The mine personnel were driving an off -road all- terrain vehicle. Snow had been recently cleared from the unapproved access road and mine personnel were utilizing the unapproved road to access the May Day Mine. Construction of the unapproved access road resulted in Violation MV- 2009 -007 for the Idaho Mill. Continued use of the unapproved access road, for mining related purposes, resulted in Violation MV- 2009 -033, also issued to the Idaho Mill. Violation MV- 2009 -033 was signed and issued December 10, 2009. The mining related use of the unapproved road, observed during this inspection, occurred prior to the issuance of Violation MV- 2009 -033. Therefore, at this time, the Division finds no reason to believe a violation of the Cease and Desist Order for Violation MV- 2009 -033 has occurred. However, any mining related use of the unapproved road after December 10, 2009 may be interpreted as a failure to comply with the Cease and Desist