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E, The December 2011 Order requires Wildcat to,among other things, <br /> conduct the necessary repair and stabilization work related to the access road,May <br /> Day 1 portal and the associated mill facility,and the Chief portal to ensure proper <br /> protection of public safety and the environment. In addition,the December 2011 <br /> Order required Wildcat to gather surface and groundwater baseline information, <br /> submit updated mining and reclamation plans,provide design specifications <br /> certified by a professional engineer for all Environmental Protection Facilities, and <br /> submit an updated and accurate Exhibit L and financial warranty. Unfortunately, <br /> the December 2011 Order did not establish corrective action deadlines by which the <br /> conditions were to be completed. <br /> F. Wildcat has submitted and received either a full or a partial approval <br /> from the Division for:TR-01 addressing the May Day 1 portal,TR-02 addressing the <br /> access road, TR-04 addressing the May Day 2 portal,TR-05 addressing the Chief <br /> portal and associated drainage, and TR-06 addressing the revised mining and <br /> reclamation plans for operation without a mill, <br /> G. The Division believes that the access road,in its current unstable <br /> condition,presents the primary concern with regard to potential impacts on human <br /> health,safety, and the environment and that proper repair and stabilization of the <br /> access road is necessary to be protective of public safety and the environment. On <br /> May 23, 2012 the Division approved TR-02 authorizing the necessary repair and <br /> stabilization work to commence. Work did not commence on the access road during <br /> the 2012 construction season. <br /> H. As requested by the Division by letter dated May 31, 2013, on June 6, <br /> 2013 Wildcat provided a written commitment to commence construction of the access <br /> road as soon as possible, and to complete the repair and stabilization work no later <br /> than September 30, 2013. By order dated July 17, 2013 the Board affirmed a <br /> stipulated agreement between the Parties that established a compliance deadline of <br /> September 30,2013 for Wildcat to complete the approved repair and stabilization <br /> work on the access road. <br /> I. 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 /> J. On November 13, 2013 the Board held an enforcement hearing and found <br /> Wildcat in violation of the Mined Land Reclamation Act pursuant to section 34-32-124, <br /> C.R.S, for failure to comply with the July 17, 2013 Order W-2013.037). Additionally,the <br /> Board found that, in accordance with section 34-32-124(6)(a), C.R.S.,permit number M- <br /> 1981-185 is suspended,and in accordance with section 34.32-118(1), C.R.S.,the financial <br /> warranty in the amount of$204,662 is subject to forfeiture.Finally,the Board ordered a <br /> civil penalty in the amount of$44,000, due January 2, 2014. <br /> 2 <br />