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Rationale for Conditional Approval of CN -01 <br />May Day Idaho Mine Complex, M- 1981 -185 <br />$1,000 was due in 60 days. The Applicant paid the $1,000 civil penalty in a timely <br />manner. The remaining corrective action deadlines have been extended, pending the <br />review of the permit application. <br />• Violation MV- 2010 -001 was issued on March 5, 2010, to the May Day Mine, Permit No. <br />M- 1981 -185. The violation was issued for failure to comply with the conditions of an <br />approved permit. Specifically, the Applicant had installed an unpermitted mill facility <br />within the unpermitted portal at the May Day 1 level. The Board increased the scope of <br />the cease and desist order. The Board ordered corrective actions to update the existing <br />reclamation plan and financial warranty to address the mill facility. The Board assessed <br />a civil penalty in the amount of $15,400, due within 30 days. The Applicant paid the <br />$15,400 civil penalty in a timely manner. The remaining corrective action deadlines <br />have been extended, pending the review of the permit application. <br />NOTE: The financial warranty for the May Day Mine was subsequently increased <br />to $148,329 to address the unpermitted portal and mill facility. <br />• Violation MV- 2010 -020 was issued on July 28, 2010, to the May Day Mine, Permit No. <br />M- 1981 -185. The violation was issued for failure to comply with the conditions of an <br />approved permit. Specifically, the Applicant had constructed an unpermitted portal, the <br />Chief Portal, located nearby the existing May Day 3 level. The Board modified the cease <br />and desist order to allow limited activities to occur at the Division's discretion. The <br />Board ordered corrective actions to incorporate the Chief Portal into an approved <br />permit and be addressed by the financial warranty. The Board assessed a civil penalty in <br />the amount of $7,888, with all but $1,000 suspended pending the Applicant's <br />compliance with the corrective actions. The Applicant paid the $1,000 civil penalty in a <br />timely manner. The remaining corrective action deadlines have been extended, pending <br />the review of the permit application. <br />No additional violations have occurred since the issuance of Violation MV- 2010 -020. The <br />Applicant has paid all civil penalties and financial warranties in a timely manner. Therefore, the <br />Division's enforcement actions have been effective and the Applicant has paid the required <br />fines. <br />2. Concerns regarding the operation being inappropriately located in a harsh mountain <br />environment. Concerns regarding the operation being inappropriately located in an <br />environmentally sensitive area, mountain ecosystems are fragile. (Aweida, Banton, <br />Giovanniello, Harshman, Hughes, Karls, Kraus, Perkins, Petersen, Perkins, Polich, <br />Steele and Vigil) <br />The Act and Rules do not prohibit mining activities from the high altitude mountainous <br />environments, except to the extent such areas are located on lands identified under §34 - <br />115(4)(f) C.R.S. The site of the May Day Idaho Mine Complex is not a location prohibited by the <br />Act and Rules. <br />7 <br />