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2. The Board adopts and incorporates the Background Facts, paragraphs <br /> A through P, of the Agreement as if set forth fully herein. The Agreement is <br /> attached hereto. <br /> CONCLUSIONS OF LAW <br /> 3. The Board has jurisdiction over this matter pursuant to the Mined <br /> Land Reclamation Act, Article 32 of Title 34, C.R.S. (2015) ("Act"). <br /> 4. Wildcat is in violation of section 34-32-124(6)(a), C.R.S. for failure to <br /> comply with the conditions of its permit by failing to comply with the conditions of a <br /> Board order, specifically the Board order signed and effective February 21, 2014, <br /> requiring Wildcat to complete all outstanding corrective actions set forth in the <br /> December 2011 Order. Wildcat acknowledges that it failed to commence and/or <br /> complete the required work by the end of the 2015 construction season as ordered. <br /> 5. The Board may impose a civil penalty of not less than $100 per day or <br /> more than $1,000 per day for each day during which a violation of a permit occurs. <br /> C.R.S. § 34-32-124(7) (2015). Here, the Board may impose a penalty based on fifty- <br /> five (55) days of violation. <br /> ORDER <br /> 6. Wildcat shall commence repair and stabilization related to all <br /> outstanding corrective actions as set forth in the December 2011 Order no later than <br /> May 15, 2016. Required work specifically includes the following tasks reflected in <br /> paragraphs 2, 3, and 4 of the December 2011 Order: <br /> • May Day 1 portal stabilization and maintenance; <br /> • stabilization of the Chief Portal and the access road <br /> immediately above; <br /> • reclamation of Little Deadwood Gulch at the May Day 2 and <br /> Chief Portal; and <br /> • initiate all water quality characterization, monitoring and <br /> reporting as required under Rule 6.4.21(8)(9) and (11) for a <br /> Designated Mining Operation. <br /> Water quality characterization sampling shall begin no later than June 15, 2016, <br /> with the first quarter report due to the Division within 30 days of receipt of analytical <br /> data reports. <br /> 7. Wildcat shall complete the required work outlined in paragraph 6 above <br /> and set forth in the December 2011 Order no later than July 1, 2016. <br /> Wildcat Mining Corporation <br /> May Day Idaho Complex/M-1981-185 2 <br />