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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER <br />IN THE MATTER OF WILDCAT MINING CORPORATION'S NOTICE OF <br />DISAGREEMENT REGARDING DIVISION'S NOTICE OF FINANCIAL WARRANTY <br />INCREASE, File No. M-1981-185 <br />THIS MATTER came before the Mined Land Reclamation Board ("Board") on <br />February 23, 2010, in Denver, Colorado for a hearing to consider a notice of disagreement <br />regarding the Division of Reclamation, Mining, and,Safety's ("Division") notice of financial <br />warranty increase filed by Wildcat Mining Corp. ("Operator"). George Robinson, <br />Christopher Neumann, Esq., and Penfield Tate, Esq. appeared on behalf of Wildcat Mining <br />Corp. ("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, 10`h 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 Operator currently has two Board ordered enforcement actions against it <br />for violations of the law at this site: MV-2009-035, for constructing an unpermitted mine <br />portal at Level 1; and MV-2010-001, for constructing an unpermitted mill at the unpermitted <br />mine portal at Level 1. <br />3. The Division inspected the site on November 24, 2009. The inspection <br />revealed that the Operator had constructed a mill facility inside the unpermitted mine portal <br />at Level 1. The mill facility includes a jaw crusher, cone crusher, ball mill, three float cells, <br />separation table, crushed ore bin, conditioning tank, sump pump, and water spray bars <br />positioned on a concrete floor. The mill circuit components are connected by conveyor bells, <br />augers, and pipes. A bank of electrical boxes is mounted on the wall of the entry. Outside <br />the new unpermitted portal and adjacent to the steel set entry are three steel shipping <br />containers, approximately eight feet wide, ten feet tall and 15 feet long. One of the <br />containers houses a generator, and the other two contain materials and equipment. <br />Wildcat Mining Corp., May Day Mine <br />Approval of Division's Notice of Financial Warranty Increase <br />M-1981-185