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4. On May 23, 2012, the Division approved Technical Revision 2 (" TR -'2" ), <br />authorizing the necessary repair and stabilization work to commence. TR -2 set <br />forth a commencement date of June 2012. <br />5. On June 7, 2012, the Division inspected the site and noted that repair and <br />stabilization of the access road, as approved through TR -2, had not yet commenced. <br />G. On May 31, 2013, the Division sent written notice to the Operator, <br />requiring the Operator to immediately commence repair and stabilization of the <br />access Toad, as approved through TR -2, and set forth a completion deadline of <br />September 30, 2013. <br />7. On June 5, 2013, the Division inspected the site and noted that repair and <br />stabilization of the access road, as approved through TR -2, had not yet commenced. <br />H. On June 6, 2013, the Operator, through its counsel, Christopher J. <br />Neumann, notified the Division that -Wildcat ... will agree to commence construction <br />of the New Access Road as soon as possible, and to complete construction of the New <br />Access Road by September 30, 2013." <br />9. On Jule 12, 2013, the Division and the Operator entered into an <br />Agreement to Establish a Corrective Action Deadline Related to Repair and <br />Stabilization of Access Road ("Deadline Agreement "). In the Deadline Agreement, the <br />Division and the Operator agreed (a) that the repair and stabilization work must be <br />completed in the 2013 construction season, and (b) to request that the Board modify <br />the December 2011 Order by establishing a September 30, 2013 deadline for the <br />Operator to complete the approved repair and stabilization work on the access road. <br />10. At its July 17, 2013 meeting, the Board considered and approved the <br />Deadline Agreement. The Board issued an order approving the agreement and <br />modifying the December 2011 Order on July 17, 2013 ( "July 2013 Order'). <br />11. The July 2013 Order modified page 5, paragraph 1 of the December <br />2011 Order to add a requirement that -Wildcat shall complete the approved repair <br />and stabilization work no later than September 30, 2013." <br />12. On September 30, 2013, the Division inspected the May Day Idaho <br />Mine Complex. Ray Fergusson attended the inspection. The Division observed <br />that the new access road. as approved through TR -2. has not been completed and <br />that the access road is unstable and presents a risk to human health, safety, and <br />the environment. <br />Wildcat Mining Corporation <br />May Day Idaho Mine /Al- 1981-185 <br />Violation No. AIV -' 013 -037 2 <br />