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Ferguson also appeared at the hearing by telephone. Supporting parties and non- <br />parties appearing at the hearing in person included party Gary Gibbons. <br />23. In CN -01, as amended, the Operator delineated a permit and affected <br />land boundaries, addressed protection of off -site man -made structures, committed <br />to fully addressing all adequacy issues through follow -up technical revisions or <br />amendments, and agreed to defer all mining and milling activities until all <br />adequacy issues have been resolved. The Board prefers that the Operator address <br />adequacy issues through amendments. <br />24. The Division determined that CN -01, as amended, is in compliance <br />with the requirements of section 34- 32- 115(4), C.R.S. On October 24, 2011, the <br />Division issued its written recommendation and rationale for partial approval of <br />CN -01 with conditions. <br />25. Partial approval of CN -01 with conditions is necessary to give the <br />Operator the ability to address adequacy issues identified by the Division; to allow the <br />Operator to access the new access road and Chief Portal; conduct geotechnical work at <br />the May Day 1, Chief Portal, and at the new access road; clean up the May Day 1 <br />portal to assess damage; and gather information for future work plans; and gather <br />baseline information through the installation of groundwater monitoring wells. <br />CONCLUSIONS OF LAW <br />26. The Board has jurisdiction over the Operator and this matter pursuant <br />to the Mined Land Reclamation Act, Article 32 of Title 34, C.R.S. ( "Act "). <br />27. Under the Act, the Division and the Board shall grant a permit to an <br />operator who complies with section 34- 32- 115(4), C.R.S. CN -01, as amended, <br />minimally complies with section 34 -32- 115(4), C.R.S. <br />ORDER <br />The Board AFFIRMS the recommendation of the Division of Reclamation, <br />Mining and Safety to partially approve with conditions the application to convert <br />permit number M- 1981 -185 from a 110(2) permit to a 112d -1 permit. The permit <br />conditions recommended by the Division and affirmed by the Board as enforceable <br />provisions of permit M- 1981 -185 are as follows: <br />1. The Operator may not commence mining and milling activities until the <br />Division receives and approves, through the Technical Revision or Amendment <br />process as determined by the Division, a revised work plan addressing the <br />stabilization and reclamation of the new access road, and the Division approves the <br />as -built certifications submitted subsequent to the completion of the approved plans. <br />Wildcat Mining Corporation <br />May Day Idaho Mine /M- 1981 -185 5 <br />