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BEFORE THE MINED LAND RECLAMATION BOARD <br />STATE OF COLORADO <br />IN THE MATTER OF WILDCAT MINING CORPORATION, MAY DAY -IDAHO MINE <br />COMPLEX, PERMIT No. M- 1981 -185. <br />DIVISION OF RECLAMATION, MINING, AND SAFETY AND WILDCAT MINING <br />CORPORATION STIPULATED AGREEMENT TO CONTINUE VIOLATION <br />HEARING AND EXTEND CIVIL PENALTY DEADLINE <br />THIS AGREEMENT ( "Agreement') is made and entered into by and between the <br />Colorado Division of Reclamation, Mining and Safety ( "Division ") and Wildcat Mining <br />Corporation ( 'Wildcat') (jointly as "Parties "). Undersigned counsels submit this agreement <br />for consideration by the Mined Land Reclamation Board ('Board"). In support of their <br />Agreement, the Division and Wildcat state the following: <br />Recitals <br />A. On November 13, 2013 the Board held an enforcement hearing to consider <br />Wildcat's failure to comply with a Board order dated July 17, 2013. The July Order <br />affirmed a stipulated agreement between the Parties that established a compliance <br />deadline of September 30, 2013 for Wildcat to complete the approved repair and <br />stabilization work on the access road, <br />B. On September 30, 2013 the Division inspected the May Day Idaho Complex <br />and observed that work had not yet commenced at the access road, therefore the road <br />remained in an unstable condition, posing a risk to human health, safety, and the <br />environment. <br />C. On November 13, 2013 the Board found Wildcat in violation of the Mined <br />Land Reclamation Act pursuant to section 34 -32 -124, C.R.S. for failure to comply with an <br />order, permit or regulation. Additionally, the Board found that, in accordance with section <br />34- 32- 124(6)(a), C.R.S., permit number M- 1981 -185 is suspended, and in accordance with <br />section 34 -32- 118(1), C.R.S., the financial warranty in the amount of $204,562 is subject to <br />forfeiture. <br />D. The Board directed the Division to schedule the matter for a hearing <br />for forfeiture of the financial warranty. That hearing is scheduled for January 15, <br />2014, All parties and warrantors have been properly noticed. <br />E. Finally, the Board ordered a civil penalty in the amount of $44,000, <br />due within thirty days of the effective date of the Board Order. The Order was <br />