2013-05-31_GENERAL DOCUMENTS - M1981185

• Permit No: M1981185
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Date: 5/31/2013
• Doc Name: NOTICE OF HEARING
• From: DRMS
• To: OPERATOR
• Email Name: AJW
• Email Name: GRM
• Email Name: DMC
• Media Type: D
• Archive: No

DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
May 31, 2013
STATE OF COLORADO
COLORADO
D I V I S I ON O F
RECLAMATION
MINING
SAFETY
John W. Hickenlooper
Governor
Wildcat Mining Corporation Mike King
Attn: Mr. Randall Oser Executive Director
1630 Ringling Boulevard Loretta E. Pineda
Sarasota, FL 34236 Director
RE: Wildcat Mining Corporation; Mayday -Idaho Mine Complex; DRMS Permit M -1981 -185; Notice
for Immediate Repair and Stabilization of the Access Road; Notice of July 17, 2013 Hearing
Dear Mr. Oser:
This letter serves as notice to Wildcat Mining Corporation (Wildcat) that the Division of Reclamation,
Mining and Safety (Division) hereby requires Wildcat to immediately commence repair and stabilization
work of the access road located at the former Idaho Mill site, as approved under Technical Revision -02.
Failure to commence and complete repair and stabilization work of the access road this construction
season will result in the issuance of a reason to believe a violation exists letter seeking civil penalties,
revocation of the permit, and bond forfeiture.
The illegal construction of the access road and related environmental impacts and safety concerns has
remained unresolved for an unreasonable amount of time. A review of the permit file and correspondence
with La Plata County indicates there is no justifiable reason why work on the access road cannot
commence and be completed this construction season. Additionally, allowing the environmental impacts
and safety concerns to remain, unabated, through another construction season is untenable.
On January 9, 2009 the Division issued a cease and desist order to Wildcat regarding the construction of
an illegal mine access road at the Idaho Mill site. At the February 11, 2009 enforcement hearing the
Board found a violation and ordered Wildcat to provide all materials necessary to secure the proper
permit to address the impacts related to the construction of the illegal mine access road within 180 days of
the signature date of the Board order. The order was signed March 11, 2009. At the hearing it was made
clear that the Division had legitimate concern regarding the construction and stability of the road and its
potential impact on health, safety, and the environment.
In an effort to resolve outstanding violations and bring the Idaho Mill Site and the May Day Mine Site
into compliance, the parties entered into a settlement agreement, affirmed by the Board on July 28, 2010,
requiring Wildcat file a conversion application to encompass and provide adequate reclamation plans for
all affected lands, including the illegal access road. Wildcat submitted the conversion application to the
Division on September 30, 2010.
On December 12, 2011 the Board approved a heavily conditioned I I 2 conversion application. The
illegal access road was specifically addressed in Paragraph 1 of the Order, stating Wildcat may not
commence mining activities until the Division approves a revised work plan and as -built certifications
addressing the stabilization and reclamation of the access road. Unfortunately, the Board Order did not
establish a date by which repair and stabilization work on the road was to be completed. On May 23,
2012 the Division approved TR -02 authorizing the necessary repair and stabilization work to commence.
The terms of TR -02 set forth a commencement date of June 2012.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines