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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 <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 January 9, 2009 the Division issued a cease and desist order to Wildcat <br />regarding the construction of an illegal mine access road at the Idaho Mill site. At the <br />February 11, 2009 enforcement hearing the Board found a violation (MV- 2009 -007) and <br />ordered Wildcat to "provide all materials necessary to secure the proper permit to address <br />the impacts related to the construction of the illegal mine access road within 180 days of <br />the signature date of the Board order." The order was signed March 11, 2009. <br />B. Subsequent enforcement hearings were held by the Board and resulted in the <br />finding of four additional violations. On December 10, 2009 Wildcat was found in Violation <br />for 1) failure to comply with a Board ordered cease and desist by continuing to use the <br />illegal access road to advance the mining operation (MV -2009 -033) and 2) for the <br />construction of an unpermitted portal at the May Day 1 (MV- 2009 -035). In March 2010 <br />Wildcat was found in violation for constructing an unpermitted mill within the illegal May <br />Day portal (MV -2010 -001). In July 2010 Wildcat was found in violation for the construction <br />of a second unpermitted portal, known as the Chief portal (MV- 2010 -020). <br />C. In an effort to resolve outstanding violations and bring the Idaho Mill Site <br />and the May Day Mine Site into compliance, the parties entered into a settlement <br />agreement, affirmed by the Board on July 28, 2010, requiring Wildcat file a conversion <br />application to encompass and provide adequate reclamation plans for all affected lands, <br />including the illegal access road, the illegal May Day 1 portal, the illegal mill, and the <br />illegal Chief portal. The illegal access road's unstable condition remained the primary <br />concern for the Division. Wildcat submitted the conversion application to the Division on <br />September 30, 2010, <br />D. On December 12, 2011, the Board issued Findings of Fact, Conclusions of <br />Law, and Order, (`December 2011 Order "), wherein the Board approved a heavily <br />conditioned 112d conversion application. <br />