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(Page 4) <br />MINE ID # OR PROSPECTING ID # M- 1981 -185 <br />INSPECTION DATE 11/24/09 <br />INSPECTOR'S INITIALS WHE <br />The newly constructed mill facility is not addressed by the existing mine plan, reclamation plan or financial <br />warranty. The Operator has not demonstrated that such mill facility is compliant with the performance standards <br />of Rule 3.1, as required under Rules 6.3.2, 6.3.3 and 6.3.4. The existing permit does not explain the measures to <br />be taken to reclaim this new mill facility in accordance with the requirements of C.R.S. 34 -32 -116, as required <br />under C.R.S. 34- 32- 110(2)(a)(IX) and 34- 32- 115(4)(g). Therefore, the Division has imposed a 60 -day deadline by <br />which the Operator must file a modification to the permit through the Amendment process, per Rules 1.10(2), (3), <br />(4) and (5), to fully describe all major components of the mining operation including, but not limited to, the new <br />mill facility at the Level 1 portal. The Amendment must be filed with the Division no later than February 15, 2010. <br />The Operator has agreed to be bound by all requirements of the Act and Rules and is obligated to maintain his <br />permit and comply with his permit conditions. The Division believes that by failing to amend the permit, to <br />incorporate the new mill facility prior to the construction of the mill facility, the Operator has violated the <br />conditions of his own permit. Pursuant to C.R.S. 34 -32- 124(1), the Division has scheduled the possible violation <br />for consideration by the Board, to occur during the February 10 -11, 2010 Board meeting. <br />Notice to Increase the Financial Warranty— Pursuant to Rule 4.2.1(1), the Division has reviewed the current cost <br />of reclamation totaling $148,329. Enclosed please find 24 pages of summary, worksheets and data sheets utilized <br />by the Division to estimate the current cost of reclamation. Therefore, the existing $38,209 financial warranty <br />appears insufficient to ensure the completion of reclamation. Pursuant to Rule 4.2.1(2), the Operator has 60 days <br />from the signature date of this inspection report, by February 15, 2010, to increase the financial warranty to total <br />not less than $148,329. <br />Response to this inspection report should be directed to the Division's office in Durango at 691 County Road 233, <br />Suite A -2, Durango, CO 81301, to the attention of Wally Erickson, phone (970) 247 -5469. <br />I & E Contact Address <br />NAME Mike Clements <br />OPERATOR Wildcat Mining Corporation <br />STREET 3643 Baker Street <br />CITY /STATE /ZIP San Diego, CA 92117 <br />cc: Steve Shuey, DRMS (by email) <br />❑ CE <br />❑ BL <br />❑ FS <br />❑ HW <br />X Amy Aweida <br />X MSHA, Brian Goepfert (by email) <br />X R Squared, Inc., George Robinson <br />X Wildcat, Durango, CO <br />X Christopher Neumann, Esq. <br />X La Plata County, Victoria Schmitt, PE <br />