2010-05-17_ENFORCEMENT - M1981185 ‎(2)‎

• Permit No: M1981185
• IBM Index Class Name: ENFORCEMENT
• Doc Date: 5/17/2010
• Doc Name: Summary of Board matters
• From: Office of the Attorney General
• To: MLRB Attorney
• Email Name: WHE
• Media Type: D
• Archive: No

Page 3
Background Information for May Day Mine Permit No M-1981-185
On March 2, 2007, the Office approved transfer of the 110(2) approved permit to Wildcat
Mining as a successor operator.
During a September 3, 2009 site inspection, the Office discovered that Wildcat Mining was
constructing an unpermitted portal at the Level 1 area, which constituted a possible violation
of the conditions of the approved permit. The Board considered the issue during the
November 12, 2009 hearing and found Violation MV-2009-035 for failure to comply with
permit conditions. The Board issued in writing Violation MV-2009-035 on December 10,
2009, and ordered Wildcat Mining to revise the permit within 60 days to address the new
portal.
During a November 24, 2009 site inspection, the Office discovered that Wildcat had not only
completed the construction of the unpermitted portal, but had also constructed an
unpermitted mill facility within the unpermitted portal. The Office believed that the
construction of the unpermitted mill facility constituted a possible violation of the conditions
of the approved permit and scheduled the issue for consideration during the February 10,
2010 Board meeting.
During the February 10, 2010 hearing, the Board found Wildcat Mining in violation of
permit conditions, and on March 5, 2010, issued Violation MV-2010-001. The corrective
actions of Violation MV-2010-001 require Wildcat Mining to update the reclamation permit
to address all major components of the operation within 180 days, due September 1, 2010.
Background Information for Amendment No 01 (AM-01) to the May Da Mine, Permit
No. M-1981-185
Wildcat Mining filed amendment AM-01 to the May Day Mine, Permit No. M-1981-185,
with the Office on April 6, 2010. The apparent delay in filing of AM-01 involved two
issues:
1) On January 25, 2010, the Office received a 110(2) application for the May Day Mine
and Mill, File No. M-2010-005. Through the application for M-2010-005, Wildcat
Mining attempted to address the corrective actions of Violations MV-2009-035 and
MV-2010-001. Pursuant to Rule 1.4.1(8), the Office conducted a preliminary review
of the submitted materials and on February 7, 2010, informed Wildcat Mining that the
application for M-2010-005 was incomplete for the purposes of filing. In that
February 7, 2010 correspondence, the Office enumerated 34 filing deficiencies. On
March 22, 2010, Wildcat Mining withdrew the application for the May Day Mine and
Mill, File No. M-2010-005.
2) On March 16, 2010, the Office received an application to amend the existing permit
for the May Day Mine, Permit No. M-1981-185 (AM-01). Through AM-01 Wildcat