2014-02-21_ENFORCEMENT - M1981185

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K. The Parties held a meeting on December 17, 2013 in an effort to resolve outstanding issues in this matter. The Parties agreed that additional time was needed to continue discussions in an effort to reach a stipulated settlement agreement for presentation and approval by the Board to address, among other unabated corrective actions, repair and stabilization of the access road. The Parties presented the Board a stipulated agreement, which was approved on January 15, 2014, ordering 1) the January 15, 2014 enforcement/ warranty forfeiture hearing was continued to February 19, 2014 to allow additional time for the Parties to discuss settlement, 2) Wildcat shall establish a cash escrow account with a Bank authorized to do business in the State of Colorado and deposit an initial certified fund in the amount of $100,000 no later than January 31, 2014; proof to be provided to the Division and 3) The Board extends, nunc pro tunc, the January 2, 2014 civil penalty due date to February 20, 2014, L. The Division and Wildcat have discussed resolution of all pending matters concerning the May Day Idaho Mill Complex, specifically abatement of all outstanding corrective actions through timely compliance with the conditions set forth in the December 2011 Order. Based on the Parties' discussions, the Parties hereby agree to the following terms: AipeeMent 1. On or before March 3, 2014 Wildcat shall provide a copy of a fully executed contract with a contractor /consultant to commence the access road repair and stabilization work approved in TR -02 no later May 15, 2014, or sooner if site conditions allow. 2. Wildcat shall commence repair and stabilization work no later than May 15, 2014. Work on the access road shall be completed no later than July 1, 2014. The Division, through a delegation of authority from the Board, may extend the July 1, 2014 completion deadline if Wildcat is working in good faith and reasonable additional time is needed. 3. As ordered by the Board on January 16, 2014 Wildcat has established a cash escrow account with a Bank authorized to do business in the State of Colorado and deposited an initial certified fund in the amount of $100,000 on January 30, 2014. The estimated cost of repair and stabilization of the access road is $450,000. Wildcat shall fund the cash escrow account in two additional installments according to the following schedule; Due Date (on or before) Amount 3/21/2014 Deposit $ 150,000 4/18/2014 Deposit $ 200,000 Total Deposit $ 350,000 4. Proof of deposit of each installment must be submitted to the Division on the date of the deposit. Withdrawal of funds from this escrow account shall be made for the