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sole purpose of payment of invoices related to access road repair and stabilization work. <br />Any additional withdraw of funds from this account not authorized in writing by the Board <br />or Division constitutes non - compliance with the terms of this agreement and Board Order <br />and authorizes the Division to immediately seek forfeiture of Wildcat's existing financial <br />warranty at the next regularly scheduled Board meeting. In the event Wildcat fails to <br />submit any one of the two cash escrow installments by the due date, or provide proof of <br />deposit, the Division may immediately seek financial warranty forfeiture at the next <br />regularly scheduled Board meeting following the missed deposit. Timely deposit of a cash <br />escrow installment does not preclude the Division from pursuing final permit revocation <br />and financial warranty forfeiture should Wildcat fail to comply with any outstanding <br />corrective action as ordered by the Board or conduct activities on site that are determined <br />to be in violation of the Act, Rules and Regulations, the Cease and Desist order, the permit, <br />or any Board Order, <br />5. The Inactive Mine Reclamation Program, a unit within the Division, will be <br />conducting site inspections and other field work at the May Day Mine site as preparation <br />for reclamation in the event the financial warranty is forfeited. Wildcat and its associates, <br />employees, consultants, or agents shall not impede IMP'S on -site inspections and field work, <br />including, but not limited to, obstructing IMP's ability to safely access the site on its own <br />self - determined schedule. <br />6. All remaining corrective actions set forth in the December 2011 Order shall <br />be completed prior to the end of the 2016 construction season, or earlier if possible. The <br />Parties agree to amend, through future stipulated agreement and Board approval, the <br />December 2011 order to include compliance deadlines related to the remaining unabated <br />corrective actions and conditions regarding the May Day 1 portal and associated mill, the <br />Chief Portal and drainage, the May Day 2 area drainage, and water quality monitoring. <br />7. On December 3, 2013 the Board ordered a civil penalty in the amount of <br />$44,000 for failure to comply with an Order. The Parties agree to amend the civil penalty <br />portion of the December 3, 2013 Order as follows: The Parties agree that $5,000 of the <br />$44,000 amount shall be due and payable immediately. In the event Wildcat deposits two <br />timely cash escrow installments and completes the access road repair and stabilization <br />work, to the Division's satisfaction, on or before July 1, 2014, or by the extended deadline as <br />established by the Division, the remaining $39,000 civil penalty ordered on December 3, <br />2013 shall be waived. In the event Wildcat fails to timely deposit any cash escrow <br />installment or fails to adequately complete the access road repair and stabilization work by <br />the completion deadline the $39,000 shall be immediately due and payable and, if unpaid, <br />that amount shall be sent to state collections. <br />8. Wildcat acknowledges that it is currently subject to a cease and desist order <br />and will not conduct any mining, milling, or reclamation related operations or activities at <br />the site other than those activities approved by the Division in writing necessary to bring <br />the permit into compliance and to prevent damage to offsite areas and to protect human <br />health and safety. <br />