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8. The Board finds, and Wildcat agrees, that Wildcat is in violation <br /> pursuant to section 34-32-124(6)(a), C.R.S. for failure to comply with the conditions <br /> of its permit by failing to comply with the conditions of an order. <br /> 9. The Board orders and the parties agree that, pursuant to section 34-32- <br /> 124(7), C.R.S., Wildcat is hereby assessed a civil penalty in the total amount of <br /> $55,000 ($1,000 per day for 55 days of violation). The Board orders and the parties <br /> agree that $45,000 of the civil penalty shall be suspended and that the unsuspended <br /> portion of the civil penalty, $10,000, is due and payable within 30 days of the effective <br /> date of the Board order. In the event that Wildcat completes the reclamation and <br /> stabilization work outlined in paragraph 6 above to the Division's satisfaction on or <br /> before July 1, 2016, the suspended $45,000 civil penalty shall be waived. In the event <br /> that Wildcat fails to adequately complete the repair and stabilization work outlined <br /> in paragraph 6 above to the Division's satisfaction by July 1, 2016, the suspended <br /> $45,000 civil penalty shall be immediately due and payable and, if unpaid, that <br /> amount shall be sent to state collections. <br /> 10. The Board orders, and Wildcat acknowledges, that permit number M- <br /> 1981-085 remains suspended and Wildcat is subject to the cease and desist order <br /> issued and effective December 3, 2013. Pursuant to the terms of the cease and <br /> desist order, Wildcat shall not conduct any mining, milling, or reclamation related <br /> operations or activities at the site other than those activities approved by the <br /> Division in writing necessary to bring the permit into compliance and to prevent <br /> damage to offsite areas and to protect human health and safety. <br /> 11. The Board orders, and Wildcat agrees, that its failure to comply with all <br /> requirements and timeframes specified in the Agreement constitutes continued <br /> violation of a permit by failure to comply with a Board order and shall constitute <br /> grounds for an immediate hearing to consider permit revocation and forfeiture of the <br /> financial warranty. In the event Wildcat fails to adequately complete the corrective <br /> actions outlined in the Agreement by July 1, 2016, the Division may pursue <br /> revocation of permit number M-1981-085 and forfeiture of the financial warranty at <br /> the next regularly-scheduled Board meeting, or as soon thereafter as possible. <br /> DONE AND ORDERED this day of� 2016. <br /> FOR THE COLORADO MINED LAND <br /> RECLAMATION BOARD <br /> K"W-� <br /> Ji 1 H. `'an Noord, Chair <br /> Wildcat Mining Corporation <br /> May Day Idaho Complex/M-1981-185 3 <br />