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NJ- 1qB 1- 1,35 <br />019-01 <br />Wally Erickson <br />Div of Reclamation Mining and Safety <br />691 County Road 233, Ste A-2 <br />Durango, Co. 81301 <br />2/26/2011 <br />RECEIVIV <br />wi 0' NIA <br />pivlsion of ReclaM60", <br />Wining and Sa"l <br />ttr <br />MAR o,a11 <br />plvlsglonin9 & Safie? ' <br />t+Al <br />Wally, <br />It has come to my attention that Wildcat Mining has committed perjury. As per our last <br />phone conversation you stated that Wildcat Mining has currently five (5) outstanding <br />violations for mining without permits. As per the enclosed copies of their current <br />application they signed and notarized under the penalty of perjury on September 22, <br />2010 it clearly states: <br />Certification #3 "As the applicant/operator, I do not have any mining/prospecting <br />operation in this state of Colorado currently in violation of the provisions of the Mined <br />Land Reclamation Act (Section 34-32-120, C.R.S. 1984 as amended) as determined <br />through a Board fording. <br />As per Section 34-32-120 (see enclosed copy) it clearly states "Permit refused defaulting <br />operator: No permit for new mining operations shall be granted to any operator who is <br />currently found to be in violation of provisions of this article with respect to any <br />operation in this state." <br />I have also enclosed a print-out from the MSHA Mine Overview that clearly depicts the <br />amount of hours they have worked. As you know, all this work was performed in 2009 <br />while under cease and desist orders from State and County offices. <br />Of course my question to you is three-fold. How can Wildcat Mining submit a new <br />application for mining when no permit for new mining operations shall be granted to any <br />operator who is currently in violation? I would also like to know what and when the <br />penalty for perjury is/will be enforced? Would outstanding Federal violations and fines <br />be considered under this provision? <br />Thank you for your time and please answer these questions and send written response to: <br />Vscott Collignon <br />4495 County Road 124 <br />Hesperus, Colorado 81326 <br />Cc; <br />Jeff Fugate <br />La Plata County Planning Dept.