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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 /> 4 <br />