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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 APPLICATION TO <br />CONVERT 110(2) PERMIT TO A 112D -1 PERMIT, File No. M- 1981 -185 <br />THIS MATTER came before the Mined Land Reclamation Board ( "Board ") on <br />November 9, 2011 for a hearing to consider the application of Wildcat Mining <br />Corporation ( "Operator ") to convert permit number M- 1981 -185 from a 110(2) <br />reclamation permit to a 112d -1 permit. Wally Erickson and Assistant Attorney <br />General Jeff Fugate appeared on behalf of the Division of Reclamation, Mining and <br />Safety ( "Division "). Roger Tichenor, Randy Oser, George Robinson, P.G., Daniel <br />Madruga, P.E., Bence Close, P.E., Penfield Tate, Esq. and Christopher J. Neumann, <br />Esq. appeared on behalf of the Operator. Objecting parties, supporting parties, and <br />timely commenting agencies who participated in the Board hearing and were <br />previously identified in the approved Pre - hearing Order, included Scott Collignon, <br />Lisa Giovanniello, Poppy Harshman, Phil Vigil, Gary Gibbons, and Lake Durango <br />Water Authority, who was represented by Charlie Smith. Each objector, supporter, <br />and commenter appeared on his, her, or its own behalf. <br />The Board, having considered the parties' presentations and testimony, and <br />being otherwise fully informed of the facts in the matter, enters the following: <br />FINDINGS OF FACT <br />1. The Operator has a 110(2) reclamation permit for a hard rock gold and <br />silver operation known as the May Day Mine, located in Section 28, Township 36 <br />North, Range 11 West, 10th Principal Meridian. The 9.9 -acre site is located outside <br />the town of Mayday in La Plata County, Colorado. <br />2. The area addressed by the conversion application consists of the May <br />Day Mine (file number M- 1981 -185), the Idaho Mill (file number M- 2006 -069), and <br />the Idaho Mine (file number M- 2010 -003). <br />3. The Operator is subject to corrective actions arising from five <br />violations regarding the May Day Mine and the Idaho Mill: <br />a. Violation MV- 2009 -007 was issued March 11, 2009 for the Idaho <br />Mill for failure to attain an approved permit prior to commencing a mining <br />activity. The Operator constructed a new access road prior to including the <br />road within an approved permit and thereby commenced an unpermitted <br />mining operation. The Board (i) issued a cease and desist order; (ii) ordered <br />