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(Page 6) <br />MINE ID # OR PROSPECTING ID # M-1981-185 <br />INSPECTION DATE 9/3/09 <br />INSPECTOR'S INITIALS WHE <br />CORRECTIVE ACTION: Within 60 days of the signature date of this report, by <br />November 29, 2009, complete one of the two options for corrective action: 1) file an <br />Amendment to the permit, per Rules 1.10(2) and (3), or Convert the permit to a 112 type <br />permit, per Rule 1.11, to fully incorporate the new access road within the boundaries of <br />affected lands; or 2) ensure that the unpermitted road has been incorporated into another <br />reclamation permit, possibly the Idaho Mill, and is fully addressed bythat reclamation plan <br />and financial warranty. <br />The Division believes that by constructing the road prior to obtaining the appropriate <br />reclamation permit, the Operator has violated C.R.S. 34-32-109(1), and/or C.R.S. 34-32- <br />116(7)(h), for failing to protect off-site areas from damage, and permit conditions. <br />Pursuant to C.R.S. 34-32-124(1), the Division has scheduled the possible violation for <br />consideration by the Mined Land Reclamation Board, to occur duringthe November 12-13, <br />2009 Board meeting. <br />CERTIFICATE OF SERVICE <br />TOPIC(S): OD <br />BQ-- <br />I, Wallace H. Erickson, hereby certify that on this 30t" day of September 2009, placed the preceding document <br />(inspection report generated from the September 3, 2009 inspection of the May Day Mine, Permit No. M-1981- <br />185, with copy of a citizen's complaint from Lisa Giovanniello, five photos, and an updated reclamation cost <br />estimation totaling $38,209) in the US Mail, postage paid, to the following individuals: <br />Mike Clements <br />Wildcat Mining Corporation <br />3643 Baker Street <br />San Diego, CA 92117 <br />Mike Clements <br />Wildcat Mining Corporation <br />108 Linda Ct. <br />Durango, CO 81301 <br />Lisa Giovanniello <br />4557 County Road 124 <br />Hesperus, CO 81326 <br />A46 g/-, - - //.? 11 d