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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />Notice of Violation No. MV-2010-001 <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF WILDCAT MINING CORPORATION'S POSSIBLE NOTICE OF <br />VIOLATION, CEASE AND DESIST ORDER, CORRECTIVE ACTIONS, AND CIVIL <br />PENALTIES FOR FAILING TO COMPLY WITH THE CONDITIONS OF A PERMIT, <br />File No. M-1981-185 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />February 10, 2010, in Denver, Colorado for a hearing to consider a possible violation, Cease <br />and Desist Order, corrective actions, and civil penalties for failing to comply with the <br />conditions of a permit. The file number is M-1981-185. Mining consultant George <br />Robinson and Christopher Neumann, Esq. appeared on behalf of Wildcat Mining Corp. <br />("Operator"). Wally Erickson and Assistant Attorney General Jeff Fugate appeared on <br />behalf of the Division of Reclamation, Mining and Safety ("Division"). <br />The Board, having considered the parties' presentations and having been otherwise <br />fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator has a Section 110(2) reclamation permit for an underground hard <br />rock gold and silver mine known as the May Day Mine, located in Section 28, Township 36 <br />North, Range 11 West, 10th Principal Meridian. Permit number M-1981-185. The 9.9-acre <br />site is located outside of the town of Mayday, in La Plata County, Colorado. <br />2. The May Day Mine is approved for 9.9-acres over three non-contiguous portal <br />areas. The permit areas include 3.44-acres at the Level 1 portal, 3.31-acres at the Level 2 <br />portal, and 3.14-acres at the Level 3 portal. <br />3. The Board previously found the Operator in violation of the law at this site for <br />constructing an unpermitted mine portal, MV-2009-035. The Board Order for MV-2009-035 <br />was issued and effective on December 10, 2009 and included a Cease and Desist Order with <br />a limited exception for 5,000 cubic yards of ore materials to be relocated from an <br />underground stope. <br />4. On November 24, 2009, the Division conducted an on-site inspection in <br />response to a written complaint about activity occurring at the mine site. <br />Wildcat Mining Corp., May Day Mine <br />Failure to Comply with Conditions of a Permit <br />M-1981-185, MV-2010-001